"Planning Law Primer" Articles
Published in the Planning Commissioners Journal:

Most of the following articles are now available as part of our Planning Law reprints collection.

  • Nonconforming Uses & Structures, by Susan Connelly, Esq. -- Issue 2, Jan/Feb. 1992
    -- Attorney Susan Connelly explains the basic law of nonconforming uses and structures.

  • Special Permits: What They Are & How They Are Used, by Neil Lindberg, Esq. -- Issue 3, Mar/April 1992
    --- An introduction to special or conditional use permits, and the role they play in local zoning ordinances.

  • Drafting Land Use Findings, by Gary A. Kovacic, Esq. & Mary L. McMaster, Esq. -- Issue 4, May/June 1992
    --- Courts are increasingly scrutinizing written findings in local land use decisions. Attorneys Gary Kovacic and Mary McMaster provide guidelines for planning commissions and boards when drafting land use findings.

  • An Introduction to Subdivision Regulations, Part I, by Martin L. Leitner, Esq. & Elizabeth A. Garvin, Esq. -- Issue 5, July/Aug. 1992
    --- Attorneys Martin Leitner and Elizabeth Garvin begin their two-part introduction to the basics of subdivision regulation -- and also offer some background on how subdivision regulation has evolved over the years.

  • An Introduction to Subdivision Regulations, Part II, by Martin L. Leitner, Es. & Elizabeth A. Garvin, Esq. -- Issue 6, Sept/Oct. 1992
    --- More on the basics of subdivision regulation, in the second part of a two-part series, by attorneys Martin Leitner and Elizabeth Garrvin.

  • Zoning for Aesthetics, by Christopher J. Duerksen, Esq. -- Issue 7, Nov/Dec. 1992
    --- Attorney Christopher Duerksen examines zoning for aesthetics, and offers some guidance for communities thinking of drafting aesthetic-based regulations.

  • The Supreme Court Takes on "Takings" by Thomas P. Cody, Esq. & Dwight H. Merriam, Esq. -- Issue 8, Jan/Feb. 1993
    --- Lucas v. South Carolina Coastal Council is the United States Supreme Court's most important recent land use law decision. Attorneys Dwight Merriam and Thomas Cody discuss what the -- Lucas case involved, and explore its significance to planners.

  • The Role of the Lawyer, by Carolyn W. Baldwin, Esq. -- Issue 11, Summer 1993
    --- Attorney and planning commission chairman Carolyn W. Baldwin discusses four different relationships between attorneys and planning commissions.

  • Understanding Spot Zoning, by Robert Widner, Esq. -- Issue 13, Winter 1994
    --- Attorney Bob Widner reviews the basics of "spot zoning."

  • Planned Unit Developments, by Mary McMaster, Esq. -- Issue 15, Summer 1994
    --- Attorney Mary McMaster provides an overview of "planned unit developments," including considerations in preparing a PUD ordinance.

  • An Introduction to Takings Law, by Christopher J. Duerksen, Esq. & Richard J. Roddewig, Esq. -- Issue 18, Spring 1995
    --- The basics of takings law, plus advice on how municipalities can act to reduce the risk of takings claims.

  • Performance Guarantees, by R. Jeffrey Lyman, Esq. -- Issue 19, Summer 1995
    --- Attorney R.J. Lyman review the basics of performance guarantees, including surety bonds, letters of credit, and escrows.

  • Legal Issues Facing Planning Commissions & Zoning Boards: A Roundtable Discussion -- Issue 22, Spring 1996
    --- Four land use attorneys discuss key issues facing local planning and zoning boards, and look at ways in which boards can improve their dealings with attorneys.

  • The Telecommunications Act of 1996, by Brian J. Sullivan, Esq. -- Issue 28, Fall 1997
    --- Some cautionary advice to communities about the requirements of the federal Telecommunications Act, from an attorney representing cellular service providers.

  • Procedural Due Process in Practice, by Dwight H. Merriam, Esq. and Robert J. Sitkowski, Esq. -- [Issue 31, Summer 1998
    --- No person shall be deprived of property "without due process of law." A primer on what this Constitutional requirement means for the process planning commissions and zoning boards need to follow in handling land use permit applications.

  • Transferable Development Rights, by Peter Buchsbaum, Esq. -- [Issue 31, Summer 1998
    --- A brief look at some of the issues raised by transferable development rights programs, by New Jersey attorney Peter Buchsbaum.

  • Zoning Ordinances and "Free Speech", by Alan C. Weinstein, Esq. -- [Issue 37, Winter 2000
    --- An overview of First Amendment issues an the regulation of signs and billboards, and adult entertainment businesses.

  • Making Use of Overlay Zones, by Elizabeth Garvin, Esq. -- [Issue 43, Summer 2001
    --- Overlay zones can provide increased flexibility in local zoning codes. Attorney and planner Elizabeth Garvin covers the basics of using overlay zones.

  • Basics of Variances, by Robert Widner, Esq. -- [Issue 50, Spring 2003
    --- An introduction to role and use of zoning variances.