Zoning Law - Growth Controls - Ninth Circuit Denies Construction Industry and Landowners Standing to Assert Municipality's Growth Control Plan as Infringement of Third Parties Right to Travel
McFayden, Richard E.
INTRODUCTION|The United States Court of Appeals for the Ninth Circuit recently reaffirmed the legitimacy of a municipality's zoning regulation which provided for an orderly pace and pattern of its urban growth. In Construction Industry Ass'n v. City of Petaluma, the Ninth Circuit reversed a district court decision which had determined that such growth control legislation was an unconstitutional limitation upon the right to travel. Reinstating Petaluma's growth control device, the Court of Appeals refused to grant standing on that basis and, therefore, did not reach the merits of the right to travel claim. Instead, the court recognized that the determination of the need for and the scope of zoning regulation is traditionally a legislative function not subject to intensive judicial investigation...
9 Creighton L. Rev. 817 (1975-1976)
Creighton University School of Law