Session: Defensible Moratoria

April 1, 8:45 AM

Dwight H. Merriam, FAICP, CRE
Robinson & Cole

Other papers from this session: Tahoe and Beyond: Defensible Moratoria, California's Experience

This PowerPoint presentation describes seven factors that have been used by the courts to determine whether a moratoria is defensible. The discussion begins with an overview of the U.S. Supreme Court’s 2002 decision involving Lake Tahoe and then looks back to the long history of moratoria cases to discern the key factors. Special attention is placed on the objectives to be served by the moratorium.

Defensible Moratoria

What the Supreme Court Didn't Decide in Tahoe-Sierra

Author and Copyright Information

Dwight H. Merriam, FAICP, CRE
Dwight Merriam co-chairs Robinson & Cole’s nationally recognized Land Use Group, which represents local governments, developers, landowners and advocacy groups in land development and conservation issues. Dwight has pupblished over 150 professional articles on land use law, co-edited Inclusionary Zoning Moves Downtown and co-authored The Takings Issue. He is a Fellow and Past President of the American Institute of Certified Planners, a former Director of the American Planning Association and a previous Chair of APA’s Planning & Law Division. He is also a member of the American College of Real Estate Lawyers and The Counselors of Real Estate, and he teaches land use law at Vermont Law School. Dwight received his B.A. in sociology, cum laude, from the University of Massachusetts at Amherst, where he was also elected to Phi Kappa Phi. He received his master’s of regional planning from the University of North Carolina at Chapel Hill and his J.D. at Yale Law School.