Syllabus
Overview:
This course examines the legal framework within which planning
takes place in the United States. It will focus on the important
role legal principals play in striking a proper balance between
the interests of government in promoting the general welfare
through the regulation of the use of land and the interests of
private property owners in optimizing the private enjoyment and
value of their property. The objectives of the course include
preparing professional planners to recognize when planning decisions
have legal implications and to promote effective communication
with legal counsel to insure that planning actions can withstand
legal challenges.
Method:
Students are required to analyze excerpts from actual court
decisions that resolve disputes between property owners and governmental
entities and from Planning Law articles that discuss trends in
Planning Law. The excerpts are primarily found in the required
text book for the course, with additional cases and articles
to be provided in handouts. From analysis of each court decision,
students should be prepared to identify the disputing parties,
the competing interests giving rise to the dispute, the legal
principals applied by the court to resolve the dispute, and the
outcome of the decision. Active class participation is expected
from all students in the class. Each student will be expected
to be prepared to present a brief summary of the cases assigned
for each class period and to respond to questions posed by the
instructor about those cases. The quality of each student’s class participation shall be a factor in assigning a grade to that student.
Grade:
Informed participation in class………………………………………20%
Points may be deducted for unexcused absences. Students will
be assigned to seats they select on the first day of class for
the remaining class periods so that participation quality can
be recorded on a seating chart.
Grades on four exams taken in class …………………………….80%
The exams will be in an essay format and will involve analyzing
fictitious fact situations that present the legal issues presented
in the required readings. The exams will be given on the during
the following class periods.
Each student may elect to substitute a short independent research
paper in lieu of one of the in-class essay exams, on a topic
approved by the instructor.
Individual conferences:
The teaching assistant for the course, Brett Schmidt, will
have posted office hours to answer student’s questions about the course, and will be available to assist students in learning how to properly analyze the cases presented in the required reading materials and in conducting independent research.
Meetings with instructor Joe Hooker will be by prior appointment
during evening office hours to be announced.
Required Readings: Cases
and Materials on Land Use, David
L. Callies, Robert H. Freilich, Thomas E Roberts. Fourth Edition.
Handouts listed in Course Schedule.
Recommended Readings:
The following resources provide helpful analysis to assist
students in understanding the key legal principals presented
in the readings.
Land Use Planning and Development Regulation
Law by Julian Conrad Juergensmeyer and Thomas E. Roberts (2003),
ISBN: 0314257802.
Location: On reserve at the Law Library
Anderson’s American Law of Zoning
A five-volume set that provides excellent discussions of land
use control principals that will be discussed in our readings.
Location: U of I Law Library
Call Number: KF5698 .A761996
The Zoning Game Revisited, by Richard F. Babcock and Charles
L. Siemon
An entertaining, insightful collection of case studies of
noteworthy land use disputes in the United States, including
a number of cases that are required reading in this class.
The book is particularly good at describing the human variables
underlying the legal disputes and the resolution of the court
cases.
Location: City Planning Library
Call Number: 346.73045 B114Z
Location: Law Library
Call Number: KF5698 .B271985
Land use law by Daniel R. Mandelker. Edition: 4th ed.
An excellent single volume summary of land use law cases and
principals.
Location: City Planning Library
Call Number: 346.045 M312l1997
Land use and the constitution: principles
for planning practice; edited by Brian W. Blaesser
and Alan C. Weinstein
A concise summary of land use legal principals derived from
the U.S. constitution written for Planning professionals, including
contributions from Professor Clyde
Forrest who was the former
instructor for this course.
Location: City Planning Library
Call Number: 346.73045 L2293
Location: Law Library
Call Number: KF5692 .L361989
Zoning and Planning Law Handbook
A compilation of timely Planning Law articles, published annually,
providing helpful discussion of significant planning law cases
and trends.
Location: Planning Library
Call Number: 346.73045 Z762
Location: Law Library
Call Number: KF5698.Z9 Z65X
PDF of Course Syllabus
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