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EXCLUSIONARY ZONING.
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History & background. Impact of urban development. Zoning ordinances, discrimination, judicial decisions.... More...
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Paper Abstract:
History & background. Impact of urban development. Zoning ordinances, discrimination, judicial decisions.
Paper Introduction:
Exclusionary Zoning
Introduction
History and Background of the Topic
The urban neighborhoods of America’s major cities are deteriorating, trapping city residents in a cycle of poverty as jobs disappear and housing stock decays. In contrast, affluent suburbs are sprawling outward from the central cities, leading to the creation and maintenance of exclusionary enclaves in which predominately white, middle- to upper-middle class (and beyond) professionals are concentrated (State-sponsored growth..., 1127). In order to maintain homogeneity in such residential communities, zoning ordinances have been used which forbid multiple-family housing and require single-family housing to meet high minimum square footage requirements. By enacting
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With minorities increasingly concentrated in centralcities and white flight to the suburbs a response to this concentration,exclusionary zoning began to take on new meaning and significance. Works CitedAnonymous. Implicit in this legal effort was theexclusion of certain activities and, ultimately, certain groups fromresidential neighborhoods. Essentially benign, zoning has become over time a weaponin the fight against complete integration of society justified in the nameof maintaining property values; however, in 1921, as Fischler (677) notes,ordinances were already in place that were clearly designed to do littlemore than ensure that racial segregation would be maintained. Planners consequently have a direct obligation to workto eliminate exclusionary zoning ordinances. Thesurvey revealed that over 9 percent of the jurisdictions had zoningordinances, but only 15 percent had low-density-only zoning (thus requiringonly single family dwellings). For decades, racial segregation hascharacterized city blocks and entire jurisdictions as well. Though efforts at both the federal andlocal levels have been undertaken to inhibit (if not completely end)exclusionary zoning, success has been fragmented and partial at best. Maximum lot size zoning, which artificially densifies neighborhoods by requiring a certain number of units per acre. "Housing Inequality and Race." Ethnic and Racial Studies, January 1999, 22(1), p 1-3. 3. At the current rate 5 years of sprawl would berequired to consume a single percent of America's expanse. In many communities,rentals and mobile homeowners are considered 'undesirable' by those alreadyliving there." Insisting that lots be no smaller than a single acrebecomes an effective way of maintaining the established social order. Exclusionary ZoningIntroduction History and Background of the Topic The urban neighborhoods of America's major cities are deteriorating,trapping city residents in a cycle of poverty as jobs disappear andhousing stock decays. "Exclusionary Zoning." Environmental Law, Summer 1984, 14(4), p 779-83 .Pendall, Rolf. Median household income of acity also was found to have some exclusionary effect. Charles (3 )considers two different strategies for planning in 2 . The studyrevealed broad disparities between the housing position of the whitepopulation and those of minorities.Exclusionary zoning policies were found to be at fault in creating thesediscrepancies. 3. It is within the power of the legislature to determine that thecommunity should be beautiful as well as healthy, spacious as well s clean,well-balanced as well as carefully patrolled (in Fischler, 68 )." Though anessentially inclusive finding, the ruling made possible expanded use of thepolice power of zoning as an exclusionary tool. Powell (2 ), Director of the Institute on Race and Poverty atthe University of Minnesota Law School, has called for cities and oldersuburbs and emerging suburban enclaves - and the planning and governingbodies that oversee such developments - to find a way to coordinate anddevelop and regional strategy to benefit from resources that are, at thepresent time, spread unevenly throughout a region. Seventy-seven percent of 1,168 jurisdictions responded. One of the new concerns that planners at the regional level mustconfront is related to the new environmental buzz word - sprawl. This strategy works only in extremely small communities, butis impossible at the state level. The State Supreme Courtwrote Mount Laurel II, in which it not only affirmed the earlier decision,issued an affirmation mandate of the kind rejected in the earlier case, andalso set up an intricate judicial monitoring system to implement the fair-share mandate (State-Sponsored Growth..., 113 ). Over the past fifty years, local governments, state legislatures, thecourts, and the federal government have all attempted to come to terms withexclusionary zoning. This second case imposeda requirement that any community in a state-designated growth area must notonly remove barriers to housing, but must also act affirmatively to provideits fair share of regional housing needs. It relies upon primary and secondary sources obtained from anextensive library-based research effort. Morgan (779) defined "exclusionary zoning" as "those land usecontrols which interfere seriously with the availability of low andmoderate income housing." To a large degree, exclusionary zoningordinances and practices have negatively impacted most significantly uponthe poor and upon racial and ethnic minorities (Pendall, 125). Builders were encouraged underthe "builders remedy" with incentives to initiate litigation to circumventzoning restrictions. The study was motivated by aninterest representation model that contends that constituency homogeneityshould cause elected officials to be attentive to revealed preferences oftheir constituency. This practiceappears to be more and more common not only in suburban or collarcommunities, but also in inner cities as well. The MassachusettsHousing Finance Agency had sought relief because it was unable to makeprogress in funding this kind of housing development due to localexclusionary zoning tactics. Courts in the United States have reviewed zoning ordinances sincecities first instituted zoning in the early 19 s, and exclusionaryordinances were invalidated as arbitrary and unreasonable as early as 195 (State-sponsored growth..., 1127). In order to maintain homogeneity in such residentialcommunities, zoning ordinances have been used which forbid multiple-familyhousing and require single-family housing to meet high minimum squarefootage requirements. The no-growthapproach is the least frequently used method, but the slow-growth policy ofminimum lot size zoning is little more than traditional exclusionary zoningdressed up in contemporary clothing. Charles (31) claims that the reasons for minimum lot-sizerestrictions vary, but there are often hidden agendas behind the publicrationale. However, McDougall (624) says that "the typical state courtresponse to an exclusionary zoning challenge is that the courts are not setup to function as a 'super zoning board' and that complex social problemsare better dealt with by an elected body." Unfortunately, state legislators have also proven reluctant toaddress the problem of exclusionary zoning. Sprawlhas become a primary topic because of the 2 presidential campaign in theU.S. Supreme Court rendered its famous Euclid decision,which validated the use of police power to zone the city into differentland-use and density districts. These issues willbe discussed in greater depth below, under the heading of "Discussion."Purpose/Goal/Intent of Study The purpose of this study is to examine the concept of socialexclusion as a consequence of exclusionary zoning practices. The five factorsare: 1. What each of these strategies attempt to achieve is to impose anartificial pattern of development on communities by means of zoningordinances and other governmental and police powers. Many of these efforts have been successful and anumber of communities have been forced to include low-income and moderate-income as well as multi-unit housing. Given that manynewly mobile minority groups are looking for the same lifestyle benefitsand amenities that motivated whites to move to the suburbs from 195 onward, denying development based on the concept of sprawl does seemremarkably similar to exclusionary zoning. Creating a mechanism for ameliorating thisproblem has proven effective in reducing its effect and in addingsignificantly to housing stock for lower income families (McDougall, 646). For a future planning and developmentprofessional, the situation is troubling; it speaks to issues of justice,fairness, equity and equality and addresses the core of the democraticplanning process. Minimum lot size zoning that prohibits construction on lots smaller than a certain size ranging upward of one acre. Based on the foregoing discussion, it is recommended that members ofplaning organizations or the staff in planning bodies should become moreproactive with regard to eliminating exclusionary zoning that isspecifically geared to maintaining economic and racial or ethnicsegregation. It is when these laws are perverted to meet the hiddenagenda of elites that they take on a highly negative and ultimatelydeplorable posture. Places which permit caps and urban growth boundaries also had lowerconcentrations of African-Americans and it was concluded that theexclusionary tools most currently used to retain segregated housingjurisdictions are low -density-only zoning, moratoria on building,building permit caps, and urban growth boundaries. The effort employed severaldifferent databases, including those in the fields of current events, law,and the social sciences.Discussion The foregoing brief review of literature offers insight into howexclusionary zoning has developed over time. In Massachusetts, the Commonwealth was empowered under this statuteto invalidate local land-use controls which unreasonably burden theconstruction of low-income and moderate-income housing. Holtman (35) suggests that Kant's theory of justice can beapplied to this issue in that the theory commands individuals to "so actexternally that the free use of your choice can coexist with the freedom ofeveryone in accordance with a universal law." The Categorical Imperativeformulates humanity as an end in itself, and requires particular duties toothers such as restraining their bodily movements or restricting theirfreedoms. The decision had the effect of providingconstitutional sanction to the practice of restricting individual freedomsso as to preserve in certain designated areas the suburban landscape ofsingle-family residences and yards (Fischler, 68 ). The research also revealed that theconcentration of African-Americans in places with low-density-only zoningwas less than half that of places allowing higher-density residentialdevelopment and these places also had lower concentrations of Hispanics. Sprawl, in effect, refers to the proliferation of residential andcommercial buildings in ever-widening concentric circles emanating from anurban core (Easterbrook, 18). Pendall (128-13 ) conducted a survey of 1,51 cities, towns,counties, and townships in the 25 largest metropolitan areas in the UnitedStates. A study by James C. Othervoters also see exclusionary zoning as a useful device for maintainingsocial and racial homogeneity. Nevertheless, exclusionary zoningremains omnipresent and represents one of the greatest challenges thaturban planners face today. In other cases, especially in rural communities, this strategy isessentially an attempt by residents to ensure that the number of newcomersis limited by restricting the housing potential of undeveloped land. As cities spawned suburbs that served as accessible bedroomcommunities, exclusionary zoning was again used largely to shape theprofiles of families and households which would be aggregated within thesecommunities. The intent of the report is to examine exclusionary zoningand to identify the ill effects caused by such practices and makerecommendations for future studies as well as intervention strategies thatcould be used by planners.Methodology of the Paper This report was designed as a qualitative, narrative examination ofliterature related to the topic of exclusionary zoning. "State-Sponsored Growth Management As a Remedy for Exclusionary Zoning." Harvard Law Review, March 1995, 1 8(5), p 1127-1144.Bunnell, Gene. Pendall (127-129) has commented that while case law in Pennsylvania,New Jersey, and New Hampshire has resulted in more receptive localenvironments for construction of multi-family housing, it is as yet unclearas to whether or not this environment will also foster racial inclusion.Under the ethical codes of the American Planning Association and theAmerican Institute of Certified Planners, planners are obligated to striveto expand choice and opportunity for all persons, to recognize a specialresponsibility to plan for the needs of disadvantaged groups and persons,and to urge the alteration of policies, institutions, and decisions whichoppose such needs. "Health, Safety, and the General Welfare." Journal of Urban History, September 1998, 24(6), p 675- 72 .Galster, G. Today, exclusionary zoning is described by Charles (3 ) as alive andwell. In the 194 s and the 195 s, the Federal Housing Administrationpursued a highly explicit policy against granting mortgages for homeownership in minority and integrated neighborhoods, and tended to back newconstruction rather than the purchase of existing units of housing stock(both single-family residences and multiple- unit buildings). Suchpolicies inhibit the ability of such groups and individuals to enjoymobility in society, inhibit the achievement of color- and race-blindresidential integration, and deny specific groups access to the purportedbenefits and advantages (e.g., better schools, open spaces, jobs, etc.) ofsuburban and collar community living. land mass. McDougall (648) suggests thatplanners need to be directly involved in ensuring that five factors areconsidered when ordinances and large-scale developments are underexamination. In 1954, the Supreme Court issued another landmark ruling whichfurthered the process of exclusionary zoning by commenting that "Theconcept of the public welfare is broad and inclusive....The values itrepresents are spiritual as well as physical, aesthetic as well asmonetary. John A. Insurance redlining and realtor blockbusting furtherexacerbated the problem throughout the 195 s and well into the 197 s. For planners at both the urban and regional levels, the implicationsof the current state of affairs seem clear. As Fischler (678) points out, the 1916 New YorkZoning Ordinance established a precedent for allowing specific financialand commercial interests in how land was used to dominant the planning andpolicy processes. Briefly, in the first instance, existing andprospective low-income residents of Mount Laurel Township in New Jerseybrought suit to challenge the township's exclusionary zoning ordinance.The New Jersey Supreme Court held that each municipality is required by theNew Jersey Constitution to make possible the provision of its "fair share"of present and prospective regional housing needs, unless the municipalitycan prove special circumstances that prevent it from meeting its fair shareobligations. Theperspective from which the report is written is that of professionalplanning, a field of practice which has often been linked to theperpetuation of exclusionary zoning (Bunnell, 1 ). Recently, Peter Ratcliffe (1) reported on the results of a studyconducted to investigate ethnic differentials on the housing marketposition and attempts by social scientists to explain them. Clingermayer (p 969-985) examined how wardrepresentation affects zoning policies. 5. "Developers Use Civil Rights Laws to Fight Zoning." The National Law Journal, March 1, 1999, 21(27), A1.Ratcliffe, Peter. What this study suggests is that exclusionary zoning ordinances havebeen enacted not only to exclude minority groups from communities, but alsoin order to "keep out" other groups viewed as undesirable. As Holtman (4 -41)maintains, the attitude appears to be one in which constituents attempt toconvince their elected officials that a "not in my neighborhood" posture islegitimate and logical - and to further impress upon elected officials atthe local and state levels that a failure to respect these wishes may wellresult in electoral defeat. Legislators alsofind it necessary to respond to voters, many of whom do favor exclusionaryzoning for its putative fiscal advantage and environmental benefits. Fair Housing. Advocates of these measures believe that they can stopthe physical expansion of their community and leave the landscape in itspresent form. Efforts to ensure the homogeneity of suburban areas weremotivated as much by a desire to exclude certain groups as to preserveproperty value by ensuring that housing stock would be compatible in termsof size and cost. Theunstated goal, says Charles (32), of many lot-size regulations is "usuallyto keep low-income individuals out of a community. "From Litigation to Legislation in Exclusionary Zoning Law." Harvard Civil Rights - Civil Liberties Law Review, Spring 1997, 22(2), p 623-663.Morgan, T.D. and the most exclusionary effects on Hispanics inCalifornia. Litigants are encouraged to bring their claims to state courts,basing their arguments primarily on state constitutional rights. McDougall (651) believes that we run the risk of putting thenation's courts into the position of overseeing administrative law that ismore properly overseen at the local or community level. From a theoretical perspective, Holtman (34) considers theexclusionary zoning dilemma as a practical problem of justice in whichinjustice is done to the disadvantaged by maintaining restrictiveordinances. In 1926, the U.S. 2. Rationale for Selecting Topic As Pendall (126) noted, despite enormous gains over the course of thepast fifty years, American metropolitan and surrounding areas remainindisputably segregated by race. In 1917, the U.S. These strategies were written into the Massachusetts Housing AppealsLaw of 1969. Opponents of sprawl such as the Sierra Club, estimate thatapproximately 4 , acres per year are being converted to developed use.However, Easterbrook (19) contends that 4 , acres represents . "Local Land Use Regulation and the Chain of Exclusion." Journal of the American Planning Association, Spring 2 , 66(2), p 125-142.Powell, J.A. This law is also known as the "Anti-Snob Zoning Law."According to McDougall (645), this legislation was prompted by a stateSenate report which concluded that if exclusionary zoning remainedunregulated by the state, the supply of vacant land would be eliminatedbecause communities are not inclined to act on their own to alleviate theproblem and courts are often unwilling to intervene as long as thediscrimination involved is economic. Home ownership in the suburbs is now the dominant lifestyle ofAmericans, but critics of suburbanization contend that it is adding toincreased polarization between minorities and whites. Exclusivity tends to be maintained bythe use of low-density-only mechanisms which have the greatest perceivedexclusionary effects on African-Americans in the Northeastern andMidwestern U.S. First, though sprawl is infuriating to many urbanists, it is notstatistically significant. There are some observers, including Powell (21) and Pendall(113 ) who would argue that racial segregation has grown even worse overtime in many metropolitan locations as White non-Hispanics have moved toeven more distant suburban locations. "Electoral Representation, Zoning Politics, and the Exclusion of Group Homes." Political Research Quarterly, December 1994, 47(4), p 969-985.Easterbrook, Gregg. Holtman (35) argues, and this writer agrees, that a viable andvalid normative ethical theory mandates rejection of many exclusionaryzoning ordinances and practices in order to serve the interests of theentire population and not merely the interests of a small segment withinthe population. People need to live inreasonable proximity to their places of work, and affirmative actionprograms have ensured that the workplace is multicultural and diverse.Sprawl complaints might justify certain types of exclusionary zoning, butthey may not justify the idea that exclusion serves the public good. The goal of using this approach is to make sure that adevelopment plan is consistent with local housing need. Because of political opposition, acourt may be the only institution that will act to punt an end toexclusionary zoning, but litigation is both an expensive and time-consumingsolution to a problem that is all-too-common. It may be that segregation ofeconomic classes is quire the reverse (in Fischler, 675)." Zoning and regulation of real estate and land use on a major scalehad come into being in the United States in the first quarter of thetwentieth century. The New Jersey and Massachusetts models for eliminating or atleast controlling exclusionary zoning have the potential to serve as anexcellent point of departure for other jurisdictions. McDougall (624) consequently concludes that"exclusionary zoning thus remains a popular mechanism." One of the most important judicial decisions regarding exclusionaryzoning occurred in New Jersey, when that state's Supreme Court renderedits first Mount Laurel decision in 1975. Chicago grew 46 percent from 197 to 199 , but still containssubstantial greenbelts and has a significant amount of room for furthergrowth. The study ishistorical in its attempt to trace, to the degree possible in a relativelybrief presentation, the ways in which exclusionary zoning has changed overtime. Becausecourts deal in individual rights rather than comprehensive plans orcompromises, a consistent application of a judicial remedy takes on thecharacteristics of a blunt instrument. The need to preserve open spaces. States such asCalifornia and New Jersey and implemented statutory schemes to mandate thatmunicipalities incorporate low-income housing in development plans, butthis took place only gradually and some time after the passage of TitleVIII of the Act. The cost of litigationeffectively deters many meritorious suits, and it has been found theenforcement of judicial doctrine takes place only to the extent thatlitigants challenge local ordinances (State-sponsored growth...,1129).Court-ordered relief tends to be piecemeal rather than planned. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, waswritten and passed into law to prohibit exclusionary zoning and to help putan end to forced racial segregation (Hartnett, 89). Sincethat time, other laws including the Americans with Disabilities Act havebeen implemented to strengthen the Fair Housing ACT (FHA); as Rankin ( A1)states, the FHA and the ADA have been used in conjunction with other lawsto target elimination of exclusionary zoning practices. Deerfield, IL: Clark, 1995.McDougall, H.A. The national highwaysfacilitated exit from the central city and destabilized many urbanneighborhoods." Later, says Powell (21), "urban renewal" efforts destroyed stableblack neighborhoods, while local governments contributed to the problem bythe ongoing practice of exclusionary zoning (i.e., requiring large minimumlot and home size and banning multifamily housing), which makes it nearlyimpossible for poor families to find affordable housing in which suburbancommunities. Planning is integral to the zoning process and isnow being called upon to be more active in the struggle against inequitableand ultimately exclusionary housing patterns. It is in this general background thatthe present report on the practice of exclusionary zoning, both past andpresent, and its impact on urban and regional planning. As Pendall (126) points out, a large body of evidence from legalcases indicates that many jurisdictions still as of 2 use land usecontrols that have the effect of segregating (ensuing that low-income andminority residents still live only in certain neighborhoods) and excludingspecific groups from a municipality. The impact of the proposal on the health and safety of the proposed occupants and the locality's residents. McDougall (p 623-624) haspointed out that over time, the Supreme Court has established entrybarriers to federal litigation on exclusionary zoning mattes that are quitehigh. Planning means usingintelligence and creativity to solve a community's problems, making thebest use of limited resources and even assuming responsibility for thefuture (Bunnell, 11). The study was focused on grouphomes that house or care for the mentally ill, juvenile offenders, andrecovering alcoholics, and/or drug users. Consequently, exclusionary zoning has remained a fixture onthe American landscape, despite widespread recognition of the inherentinjustice and inequity of such ordinances. As predicted, ward representation, which enhancesconstituency homogeneity, is strongly associated with the exclusion ofgroup homes in municipal zoning ordinances. Slow growth policies are more common and include such tactics as: 1. "Race and Space: What Really Drives Metropolitan Growth." The Brookings Review, Fall 1998, 16(4), p 22-24.Rankin, Bill. By enacting this type of zoning ordinance,municipalities can effectively raise construction costs so that it isimpossible to construct the kind of housing that may be affordable to lower-income families - let alone the most poor and needy (State-sponsoredgrowth..., 1128). "Managing Urban Growth." World and I, August 2 , 15(8), p 3 -37.Clingermayer, James C. To reverse patterns of racial and economic segregation,Title VIII causes of action can be brought against state programs toencourage enforcement consistent with the objectives of fair housing. The equal application of zoning laws to subsidized and nonsubsidized housing (McDougall, 646). The number of low-income persons affected in the municipality. Legislators want in general toavoid a conflict with municipal officials, who have considerableresponsibility for state legislators' elector success. Eight years later, it was charged that the township had made nomeaningful change in its exclusionary policies. Raphael Fischer (675) states that in the mid-192 s, the Committee onCommunity Planning of the American Institute of Architects commented thatit was troubled by the ways in which zoning ordinances were being employednot to promote ideal or best-case land use, but rather to create segregatedresidential categories that created "finely graded areas of differentialexclusiveness." Further, the organization also stated that "if we turn backto the original concept [of zoning] it is clear that zoning as it is nowcarried out can hardly be justified on the ground that, by and large, itserves the interest of the common welfare. This creates enormous difficultiesfor city planners and zoning boards, which are challenged by theconflicting demands of ensuring equity in housing stock availability andmeeting the needs and serving the interests of taxpayers and differentconstituencies. Builders were thus enlisted as enforcers of the fair-share mandate and it was ensured that court invalidation of exclusionaryzoning would actually result in the construction of affordable housing. Land use controls weretherefore viewed by Pendall (14 ) as influencing housing outcomes and theracial composition of communities. Suchjurisdiction-level segregation persists throughout most of America today,despite substantial movement of African-Americans to the suburbs sinceabout 197 . In contrast, affluent suburbs are sprawling outwardfrom the central cities, leading to the creation and maintenance ofexclusionary enclaves in which predominately white, middle- to upper-middleclass (and beyond) professionals are concentrated (State-sponsoredgrowth..., 1127). Powell (21)suggests that "Essentially, the FHA paid whites to leave the central citiesand confined blacks to the central cities, which were, in turn, divested bythe federal government and private capital. This affirms the assertion that though much has been doneover time to eliminate the ill effects of exclusionary zoning, much remainsto be done.Conclusion Since industrialization, the American landscape has become one inwhich major urban enclaves serve as financial, manufacturing, andcommercial centers. "Kant, Ideal Theory, and the Justice of Exclusionary Zoning." Ethics, October 1999, 11 (1), p 32- 46.Kushner, J.A. These are demands that areinherently just and equitable, and which take cognizance of the need toensure that all laws, including zoning laws, are in literal as well asfigurative and spiritual accord with the guiding ethos of the democratictradition. "Residential Segregation in American Cities." Population Research and Policy Review, 1988, 7, p 93- 112.Hartnett, James J. Powell( 21) notes that the residential segregation of minority groups and theconcentration of poverty in well-contained urban areas did not accidentallyoccur. Beginning in the first decades of the currentcentury, zoning ordinances were enacted to first, ensure that commercialactivities of different types would not penetrate residentialneighborhoods, and later, to ensure that residential neighborhoods wouldretain their unique character. The promotion of site and building design and the community. Italso has the effect of inhibiting competition in the market. 4. Some critics of efforts to contain sprawlbelieve that these efforts appear extremely similar to exclusionary zoningand other "close the gates" ideas that comfortable communities have used inthe past to keep out unwanted groups such as minorities and immigrants.Gregg Easterbrook (19) offered several comments on sprawl that are relevantherein. In NewJersey, Pennsylvania, New York, Michigan, California, and Virginia, somenotable successes in striking down exclusionary zoning ordinances have beenrecorded. 2. Literature Review The literature on exclusionary zoning is both broad and deep. Manipulation of transportation funding to limit road building and expand potentially wasteful public transit systems (Charles, 3 -31). Zoning ordinancesprovide a rational framework for administrative law and often serve anexcellent purpose. Not only is it essential to ensure that overt exclusionary zoningpractices are abandoned, it is also essential that responses to concernregarding sprawl not become a repetition of the exclusionary patterns ofthe past. Supreme Court ruled that racial zoning wasunconstitutional, but this did not stop the practice (Galster, 93; Kushner,4 - 7). In areas where septic systems will be used, the minimum lotsize may legitimately be related to the physical need for septic drainfields. Ethically, expansionof these models is congruent with the American democratic tradition.Practically, such an expansion represents a best-use scenario in whichplanners can exert an enormous influence in shaping the world of thefuture. Residential patterns in cities have changeddramatically over a relatively brief period of time, with change escalatingas cites grew larger and as competing demands for housing stock andbusiness properties emerged. "Quit the Blame Game." Planning, January 1996, 62(1), p 1 -13.Charles, John. Easterbrook (32) states that "sprawl is caused by affluence andpopulation growth and which of these, exactly, do we propose to prohibit?"In order to accommodate not only an increasingly economically secure, butalso increasingly large and diverse population, the country's stock ofhouses, roads, commercial space, and other construction must besubstantially enlarged in the decades to come. The decision was revisited in1983 when the Court formulated a strict remedy that has since been a modelfor both judicial and legislative solutions to exclusionary zoning (State-Sponsored Growth..., 1129). "Affordable Housing, Exclusionary Zoning, and American Apartheid." New York University Law Review, April 1993, 68(1), p 89-135.Holtman, S.W. 2 ofthe U.S. "Suburban Myth." The New Republic, March 15, 1999, p 18-24.Fischler, Raphael. One is the "nogrowth" model which takes the form of rigid growth boundaries around citiesor various types of moratoria on development, such as limitations onbuilding permits. The township was ordered to rewrite its zoning ordinance toremove barriers to the construction of affordable housing but alsoreversed the strict order of the trial court which had invalidated theentire ordinance and ordered the township to act affirmatively to satisfythe need for low income housing. He also calls for areversal of the persistent trend toward fragmentation and isolation amongstmunicipalities and halt the pull of resources. In 1916, theNew York City zoning code was created specifically to maintain the value ofthe downtown commercial property and to rationalize skyscraper development- an exception to many zoning practices of the era, but one which far-reaching consequences.
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