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26 Land Use L. & Zoning Dig. 1 (1974)

handle is hein.journals/planevirw26 and id is 1 raw text is: Lad U La Zoin ml gSm Volume 26 Number 1 1974 NEWS Federal district court strikes down Petaluma, California, growth control measure, p. 2. COMMENTARY An amendment to the Loudoun County, Virginia, zoning ordinance requires would-be applicants for higher density development to pay the difference between the public costs of servicing existing zoning density and the anticipated costs of the requested density, p. 3. JUDICIAL DECISIONS Denver finally prevails in suit challenging its amortization provisions for non- conforming signs, Art Neon Co. v. City and County of Denver. 26 ZD 1, p. 9. Pennsylvania lost the second Battle of Gettysburg when its suit to halt construction of an observation tower adjacent to the battlefield was dismissed because an environmental protection amendment to the state constitution lacked necessary implementing legislation, Commonwealtb v. National Gettysburg Battlefield Tower, Inc. 26 ZD 4, p. 12. Legislating morality through the zoning ordinance received mixed judicial reception in two federal court decisions involving zoning ordinance definitions of family as relating to single-family residential dis- tricts. A Wisconsin municipality's ordinance prohibiting more than three unrelated persons from living together as a single household in a single-family residential district was found to violate the equal protection clause of the Fourteenth Amendment, Timberlake v. Kendel, (26 ZD 2, p. 10), while in a similar case in California, the court found that a provision permitting up to four unrelated persons did not violate any constitutional guarantees and was rationally designed to protect-the integrity of the biological family, Palo Alto Tenants' Union v. Morgan. 26 ZD 3, p. 11. NEW LEGISLATION The effective date of a New Mexico law requiring environmental impact state- ments was postponed, and a new environmental quality advisory council was created. 26 ZD 43, p. 19. Regulation of strip mining, including the licensing of mine operators and the preparation of reclamation plans, is called for by new legislation in North Dakota. 26 ZD 47, p. 20. INDEX TO JUDICIAL DECISIONS Case Name Index, p. 21. Subject Index, p. 22. INDEX TO NEW LEGISLATION, p. 25.