ABSTRACT
A controversy frequently arises because a developer or landowner wishes to do something on a parcel of land that requires either a change in, or a different interpretation of, the applicable land use regulations. The type of land use case that may arise will depend on whether or not the local government approves the developer's request. The actual alignment of the local government's interest in a land use controversy depends on whether the case is a developer's case or a neighbors' case. Which constitutional principles are relevant to specific land use controversies will depend on whether the dispute is essentially a developer's case or a neighbors' case and what type of decision the local government makes. Because of either the particular doctrines applied by state courts, and some federal courts, or the patterns of their decisions, there are states in which the outcomes of land use litigation frequently are more favorable either to the developer or to the local government.
