Nimby Assessment

Applying Spacing Restrictions in Error

Available Resources

Relevant Laws and Regulations - Every locality that has zoning and land use power enjoys a high degree of autonomy in setting community standards and in defining relevant terms in its ordinances. The primary resources that must be consulted are the state authorizing statutes and local ordinances, regulations, and other sources of policy that are in force in the political jurisdiction where the housing is to be located. Keep in mind that the Fair Housing Act, Americans with Disabilities Act, and other pieces of Federal legislation also apply.

Relevant Legal Precedents - Judgments from past court cases may set precedents for disputes involving Spacing Restrictions issues. For example, see Oconomowoc Residential Programs v. City of Milwaukee, 300 F.3d 775 (7th Cir. 2002). See also Larkin v. Michigan Dep't of Social Services, 89 F.3d 285 (6th Cir. 1996).


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