Exempting Government from Zoning: Court Tests

Abstract

Controversy rages when a government agency claims exemption from a zoning ordinance. Whether the governing municipality is asserting freedom from its own ordinance or another government seeks to evade the grasp of the ordinance, the policy and land use, and often the emotional, issues become the focus of lively contention. Angry landowners complain about their imminent loss of property value, the government claims that it has a near-sacred public purpose in mind that deserves exemption, and bedrock faith in good government begins to erode. Frequently, someone sues, and a court must decide the complex legal and policy issues.