"Why not just stop these haphazard,
piecemeal deals until we can take a
look at the whole picture?" one city
councilor asked recently as she proposed
a six-month moratorium on
approvals of new developments. This
sentiment is being heard throughout
the nation, as municipalities are using
temporary building moratoriums to try
to slow the rapid pace of development.
Despite legal challenges by developers
and the construction industry,
courts have generally supported these
temporary ordinances as valid exercises
of municipal authority – as long as the
ordinances didn't go too far. This article
reviews a few of those decisions.
Legitimate Concerns
Versus "Takings"
At the heart of the moratorium issue
is the questions of where legitimate
public interest impedes on the rights
of