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Article
The Case Against The Case for Zoning
Georgetown Environmental Law Review (2023)
  • Michael Lewyn
Abstract
Critiques an article defending zoning. In particular, the article notes that a traditional justification for zoning is that it conserves community character. This argument fails because when people priced out of exclusive neighborhoods move to other areas, they change the character of the receiving area. Similarly, the argument that zoning prevents infrastructure from being overloaded overlooks the fact that if people priced out of one area move to a cheaper area, the latter area's infrastructure is equally burdened. A third argument is that zoning allows local governments to push the costs of growth to developers- but the sluggish growth of U.S. housing supply suggests that development is simply failing to occur in many places.
Keywords
  • zoning,
  • infrastructure,
  • community character
Publication Date
Winter 2023
Citation Information
Michael Lewyn. "The Case Against The Case for Zoning" Georgetown Environmental Law Review Vol. 35 Iss. 2 (2023) p. 249 - 281 ISSN: 2380-1905
Available at: http://works.bepress.com/lewyn/258/