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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.
With The Row House in Washington, DC, the architectural historian and preservationist Alison Hoagland turns the lucid prose style and keen analytical skill that characterize all her scholarship to the subject of the Washington row house. Row houses have long been an important component of the housing stock of many major American cities, predominantly sheltering the middle classes comprising clerks, tradespeople, and artisans. In Washington, with its plethora of government workers, they are the dominant typology of the historical city. Hoagland identifies six principal row house types—two-room, L-shaped, three-room, English-basement, quadrant, and kitchen-forward—and documents their wide-ranging impact, as sources of income and statements of attainment as well as domiciles for nuclear families or boarders, homeowners or renters, long tenancy or short stays. Through restrictive covenants on some house sales, they also illustrate the pervasive racism that has haunted the city. This topical study demonstrates at once the distinctive character of the Washington row house and the many similarities it shares with row houses in other mid-Atlantic cities. In a broader sense, it also shows how urban dwellers responded to a challenging concatenation of spatial, regulatory, financial, and demographic limitations, providing a historical model for new, innovative designs. Publication of this volume was assisted by a grant from Furthermore: a program of the J. M. Kaplan Fund.