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									         AMERICAN BAR ASSOCIATION

     MODEL LAND USE PROCEDURES LAW

Approved by House of Delegates, August 11, 2008

        Prepared By a Task Force of the

      State and Local Government Section
               Ed Sullivan, Chair

       Administrative Regulation Section
            Michael Asimow, Chair
Problems in Administrative
and Judicial Review
   Multiple layered permits and hearings
   Inadequate procedures
   Poorly controlled decisionmaking
   Unclear judicial review provisions
   Competence of boards and
  commissions in a discretionary
  environment
   Finality
Growing Smart models on
land development control
  Unified development permit review process
     Completeness review
     Record hearing
     Consolidated permit
     Appeals
  Hearing examiner
  Land-Use Review Board
  Administrative actions and remedies
     Conditional uses
     Variances
     Remedial measures
Judicial review under
Growing Smart
  GS approach to judicial review
     Land-use petition, modeled after
      Washington state
     Final decision requirement
     Exhaustion of remedies
     Supplementation of record
     Type of relief
       THE MODEL LAW IS AVAILABLE AT

  THE AMERICAN BAR ASSOCIATION WEB SITE

http://www.abanet.org/leadership/2008/annual/
   recommendations/OneHundredElevenA.doc

                     AND

          law.wustl.edu/landuselaw

            in the statutes section

								
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