Intergovernmental Zoning Disputes: A Continuing Problem

Abstract

The ultimate enemy of the local planner must be the state or federal agency that decides to locate a facility within the local government's jurisdiction and then proceeds to undermine the local land use plan or regulations by simply ignoring them. Nowhere is land use law more deficient than in answering the frequently litigated question of how to regulate public development. The legal answer traditionally has been to grant governmental entities immunity from local regulations. Most courts fail to recognize the need for public development to comply with local plans.