The American Planning Association (APA) publishes a monthly magazine called Planning & Environmental Law where it reports on recent land use and planning cases and other legal matters. In the July 2014 edition of PEL, the APA published two articles written by Ancel Glink attorneys, which may be of interest to land use and planning officials and employees.
Julie Tappendorf authored the article "Common Zoning Definitions Found Unconstitutional in TLC v. Elgin." In her article, Julie summarizes the TLC v. Elgin case, where a federal district court ruled that a municipality could not require a faith-based organization to obtain a temporary use permit to operate its mobile pregnancy counseling services. The court found that the city's zoning definitions of "land use" and "structure" were unconstitutionally vague and overbroad because these regulations could prevent people from exercising their First Amended protected rights. The case was settled recently, and TLC was allowed to offer its mobile pregnancy counseling services, but the ruling that these commonly used zoning definitions were unconstitutional should cause some concern to municipal land use professionals.
David Silverman authored the article "The Temporary Use and Economic Development." In his article, David explains temporary use regulations, and discusses ways temporary uses can be used effectively to promote economic development and provide unique cultural, artistic, and entrepreneurial experiences within communities. David provides a number of examples of these temporary uses such as farmers markets, mobile food operations, art and culture "temporiums," and urban farming initiatives.
Post Authored by Julie Tappendorf, Ancel Glink