This Note is premised on the belief that courts must recognize the standing of adversely affected nonresidents to contest local zoning ordinances in order to insure appropriate consideration of the issues raised by exclusionary zoning practices in the nation's suburbs. To support this premise, the Note surveys the current fragmented status of zoning, the problems attributable to this fragmentation, and then on judicial attempts to resolve the problems. In addition, the Note analyzes the judicial approach to zoning fragmentation, with special scrutiny given to the law of standing as an obstacle to efficacious judicial review. Against this background, the Note explores recent developments in the substantive law concerning exclusionary zoning and in the federal requirements for standing and suggests a test for standing that recognizes the interests of nonresidents.
Kent H. McMahan,
Extending Standing to Nonresidents--A Response to the Exclusionary Effects of Zoning Fragmentation,
24 Vanderbilt Law Review
Available at: https://scholarship.law.vanderbilt.edu/vlr/vol24/iss2/5