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Urban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Efforts to teach students pursuing graduate degrees in urban and regional planning are often frustrated by the "case books" that have been prepared for use by law professors teaching similar courses. Dawn Jourdan and Eric J. Strauss have attempted to take their concerns to heart in the design of this Planning for Wicked Problems: A Planner's Guide to Land Use Law. Each chapter begins with a planning problem that is complex and has no "correct" answer. Students should answer this hypothetical before reading the subsequent sections of each of the chapters. The second section of each chapter provides a primer for each topic. This primer is meant to summarize the basic principles of the law and to identify the types of questions relevant to planners when such issues arise. The third section of each chapter includes a series of edited court opinions. The cases selected have been identified by American Institute of Certified Planners as those fundamental to planning education. Each chapter concludes with an answer to the proposed wicked planning problem. Planning for Wicked Problems has been written to demonstrate to future planners how the law may be a useful tool in helping them invent solutions to wicked planning problems. The book features a companion website for additional study and review.