Tuesday, July 18, 2006
“Retail Store Size-Cap Ordinances: Legitimate Land Use Regulations or Unconstitutional Economic Protectionism?” is the title of Samford’s Brandon Denning’s cover story in the ABA’s Probate & Property magazine this month. Denning provides a good summary of the law on whether the U.S. Constitution’s dormant commerce clause would prevent local governments from adopting laws barring out-of-state big-box retailers. The sticky question of discerning the motivation behind an ordinance is one key factor.
Although I shake my mind when I think of the idea of discriminating against a business for being based out of state, for some reason I’m not too worried about the effect of a town’s preventing Wal-Mart or Target from moving in. It won’t actually protect the old local Mom-and-Pops, after all; the town’s shoppers will just drive to the next town to find the big discounters, and the local stores will still die. What if the next town passes a similar ordinance? The shoppers will just keep driving until they find their big box; gas at $3 a gallon won’t stop an American in search of a bargain ….
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- Katherine Dentzman on A Coordinated Approach to Food Safety and Land Use Law at the Urban Fringe
- Jesse Richardson on Local Regulation of Hydraulic Fracturing
- Jamie Baker Roskie on Local Regulation of Hydraulic Fracturing
- Samuel on Schleicher and Rauch on local regulation of the sharing economy
- Timothy Wayne George on Is Reed v. Town of Gilbert an important sign case?
- Jan 30 - Boston U Law - The Iron Triangle of Food Policy - AJLM Symposium
- "Basic Human Right" to Farm Your Lawn?
- CFP: Fordham Law: Sharing Economy, Sharing City: Urban Law and the New Economy
- Fennell and Peñalver on Exactions Creep
- March 11-13: Rocky Mountain Land Use Institute's annual conference: Western Places/Western Spaces: Building Fair & Resilient Communities