JUDICIAL REVIEW OF LAND-USE DECISIONS. IN: MODERNIZING STATE PLANNING STATUTES: THE GROWING SMART WORKING PAPERS, VOLUME ONE

In addressing the legal structure for the judicial review of land-use decisions, this working paper divides judicial review issues into questions of method, timing, standing, scope, and remedies. It is not easy to rank-order legislative proposals that can deal with these issues because judicial review systems do not necessarily affect the character of land-use regulation programs. Many tradeoffs are possible, and states may wish to adopt some elements of a judicial review system but not others. To help provide perspective on the issues, this paper makes a distinction between judicial review systems that provide for more active, rather than less active, judicial review. The paper suggests legislative proposals for both types of judicial review systems. These proposals incorporate, but may depart from, recommendations for judicial review contained in the American Law Institute's Model Land Development Code.