Tuesday, March 13, 2007
I’ve written recently about the issue of LULUs and the issue of who has standing to sue government for a land use decision. An interesting matter in Georgia brings these two topics together. The Macon- Bibb County Planning & Zoning Commission yesterday approved a zoning change that would allow the establishment of a new halfway house for convicts who are close to ending their terms in the local federal prison. Of course there is local opposition to this extreme LULU. What is more interesting, however, is that the rezoning also was opposed by a competing halfway house business in Macon. If the new facility is built, there will be more competition for the contract from the federal prison authority.
Does a potential competitor have standing to challenge a zoning change? If the change violates the law or is otherwise an unwise land use decision, I see no reason why a competitor, who might be in the best position to serve as a watchdog of government, should have not standing. But the increase in competition by itself is not and should not be a substantive basis for challenging a zoning change.
This blog is an Amazon affiliate. Help support Land Use Prof Blog by making purchases through Amazon links on this site at no cost to you.
- Stephen Miller on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Josh Galperin on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Jesse Richardson on New Arkansas law requires local governments to pay for a "takings" where certain "regulatory programs" reduce FMV by at least 20 percent
- Jamie Baker Roskie on Uber Goes to the State House Seeking Preemption of Local Government Control
- Stephen R. Miller on Why are building inspectors so often on the take?
- Can UberPOOL Make Carpooling Cool?
- Are Earth Day cookies an endangered species?
- Fordham Urban Law Center's Sharing Economy | Sharing City Conference - April 24
- Land Use, Telescopes and Sacred Land in Paradise
- Tekle on Percent-for-Art Ordinances