2003SMU Law ReviewOpen access

Zoning and Land Use

Arthur J. O. Anderson, Thomas Mann

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Abstract

UDICIAL opinions on land use typically impact a single landowner party's use or development of a tract he owns or controls.While opinions in these cases have precedential impact for other landowners, developers, and builders, their impact is usually somewhat ameliorated.During the Survey period, the Texas Supreme Court issued an opinion directly affecting thousands, if not millions, of people who own property adjacent to or visit beaches along the Gulf Coast.'The opinion strengthened private property owner rights at the expense of those claiming public beach access.This Texas Supreme Court opinion falls right on the heels of a United States Supreme Court opinion regarding beaches and private property rights involving Gulf-front land in Florida. 2 Many land use opinions rendered during the Survey period concerned landowners' and developers' ability to name a governmental entity as a party in breach of development contract or ordinance and statutory construction cases.Developers often enter into agreements with cities or counties constructing infrastructure and defining development rights for

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UDICIAL opinions on land use typically impact a single landowner party's use or development of a tract he owns or controls.While opinions in these cases have precedential impact for other landowners, developers, and builders, their impact is usually somewhat ameliorated.During the Survey period, the Texas Supreme Court issued an opinion directly affecting thousands, if not millions, of people who own property adjacent to or visit beaches along the Gulf Coast.'The opinion strengthened private property owner rights at the expense of those claiming public beach access.This Texas Supreme Court opinion falls right on the heels of a United States Supreme Court opinion regarding beaches and private property rights involving Gulf-front land in Florida. 2 Many land use opinions rendered during the Survey period concerned landowners' and developers' ability to name a governmental entity as a party in breach of development contract or ordinance and statutory construction cases.Developers often enter into agreements with cities or counties constructing infrastructure and defining development rights for

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UDICIAL opinions on land use typically impact a single landowner party's use or development of a tract he owns or controls.While opinions in these cases have precedential impact for other landowners, developers, and builders, their impact is usually somewhat ameliorated.During the Survey period, the Texas Supreme Court issued an opinion directly affecting thousands, if not millions, of people who own property adjacent to or visit beaches along the Gulf Coast.'The opinion strengthened private property owner rights at the expense of those claiming public beach access.This Texas Supreme Court opinion falls right on the heels of a United States Supreme Court opinion regarding beaches and private property rights involving Gulf-front land in Florida. 2 Many land use opinions rendered during the Survey period concerned landowners' and developers' ability to name a governmental entity as a party in breach of development contract or ordinance and statutory construction cases.Developers often enter into agreements with cities or counties constructing infrastructure and defining development rights for

Key concepts: Zoning, Land use, Business, Political science, Law, Engineering, Civil engineering

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