Tuesday, September 21, 2010
Wayne Batchis has published Enabling urban sprawl: revisiting the Supreme Court's seminal zoning decision Euclis v. Ambler in the 21st century in the Virginia Journal of Social Policy & the Law. Here's the abstract:
Today, many urbanists look back at our built environment with bemusement. The outcome of over fifty years of post-war suburbanization has fundamentally reshaped America's manmade landscape. From coast to coast, amorphous urban sprawl envelops America as far as the eye can see - and scholars have just begun to struggle to understand its causes and assess its impact. In this article I examine the phenomenon of urban sprawl and its relationship to exclusionary zoning. I argue that the Supreme Court in 1926 played a key role in enabling sprawl though its permissive zoning jurisprudence in Euclid v. Ambler. Had the Court scrutinized America's early zoning laws with greater rigor, these laws could have been deemed constitutionally suspect - effectively stopping sprawl in its tracks. I conclude by exploring four significant flaws of the Euclid decision in light of the modern epidemic of sprawl.
Jamie Baker Roskie