"The blessings of quiet seclusion" : an examination of judicial responses to growth management programs and policies

Author

William H. Camp

Date of Award

8-1981

Degree Type

Thesis

Degree Name

Master of Science

Major

Planning

Major Professor

Joseph M. Prochaska

Abstract

The purpose of the study was to examine selected judicial responses in terms of their impacts on growth management programs. Constitution issues examined included the taking issue, due process, equal protection and freedom to travel. Three court cases were chosen because of their relation to planning and the various issues raised during litigation. The three court cases were Golden v. Planning Board of Ramapo (1972), Construction Industry Association v. City of Petaluma (1975), and Boca Villas Corporation v. City of Boca Raton (1976).

The primary research method used in this study was a comparative analysis of the existing literature concerning growth management pro-grams and the related legal issues raised in the specific court cases mentioned above. The research was assembled from Federal Court citations, decisions rendered in the United States Supreme Court and relevant law reviews.

The major findings of the research were that while growth management programs can promote orderly development if based on comprehensive planning, it is not a panacea for all areas or all development problems. One major obstacle in implementing a successful growth management program is a lack of a clear understanding of the constitutional issues involved on the part of elected officials and planners.

Elected officials need to understand the local problems and situations before beginning a growth management program. The role of planners is to advise them on the best course of action and present feasible alternatives. Research in this area should concentrate on future impacts that a growth management program would have. From this research, policy-makers at the local level would be able to use that data to guide them in evaluating alternative programs and policies directed at managing additional growth.

Recommended Citation

Camp, William H., ""The blessings of quiet seclusion" : an examination of judicial responses to growth management programs and policies. " Master's Thesis, University of Tennessee, 1981.
https://trace.tennessee.edu/utk_gradthes/15149