(305) As long as the current political system of local governments (rather than regional ones) remains intact, (306) with the power of zoning vested in them under the SZEA
or other state law, a city is not required to share the benefits of positive market externalities with other cities if its neighbors cannot prove the existence of cross-border negative effects.
Traditional judicial deference, stemming from Euclid's characterization of zoning as a legislative judgment, is best understood in the context of the SZEA and the early conception of "Euclidean Zoning." (58) The SZEA was based on several crucial assumptions: first, that segregating uses within a city would create a "quality urban environment", (59) second, that it would be possible to "formulate an intelligent, all-at-once decision to which the market would conform"; (60) and third, that once the comprehensive plan was in place, zoning officials "would rarely change the rules." (61) In other words, as originally conceived, the zoning map would embody a legislative blueprint for local land use that would rarely need to be amended.
899, 909-10 (1976) (arguing that the SZEA's failure to require comprehensive zoning at the local government level was a serious oversight); Siemon, supra note 40, at 606-07 (arguing that "zoning without planning lacks coherence" and should not be entitled to a judicial presumption of validity).
(79.) ELLICKSON & BEEN, supra note 36, at 308; see also Mandelker, supra note 34, at 639 (describing decision making under the SZEA as "chaotic," with "no real attempt at a fair process that includes necessary procedural safeguards").
The SZEA provides procedures for reviewing quasi-judicial actions (i.e., decisions by boards of adjustors), but does not provide comparable procedures for reviewing legislative actions.
The standards and procedures ]for this review are often prescribed by state administrative procedure acts, (45) as well as by the SZEA. (46) The party challenging the decision files a writ of certiorari.
the direction of Secretary Herbert Hoover, produced the SZEA, followed
resides in state governments, the SZEA advised that local government
Moreover, the SZEA recommended that local zoning decisions be based on
intent of the SZEA and the SCPEA seems clear: if private-property rights
regulation of density is "highly desirable," the SZEA called
also expressly required local governments to consider how