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An Adequate Public Facilities Ordinance (APFO, also known as a Concurrency Regulation) is an American legislative method to tie public infrastructure to growth for a region. [1] APFOs take into account the availability of infrastructure. They can manage growth, but are considered separate from growth controls such as building moratoria. [2] [3]
In 2005, the town of Gilbert, Arizona adopted a municipal sign ordinance that regulated the manner in which signs could be displayed in public areas. [13] Although the ordinance banned the display of most outdoor signs without a permit, twenty three categories of signs were exempt from the permit requirement. [14]
Rather than applying a strict scrutiny test for a law that on its face is based on a suspect classification, the court applied a discriminatory intent test to determine whether the ordinance was actually based on a discriminatory intent which, in turn, would determine the constitutionality of the ordinance since the ordinance mentioned nothing about racial classifications.
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
According to Cross, "Interpretation is the process by which the courts determine the meaning of a statutory provision for the purpose of applying it to the situation before them", [6] while Salmond calls it "the process by which the courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is ...
The first category is known as an "act in public form" (Fr act en minute, Du minuutakte, It atto conservato, Ger urschriftliche Urkunde, Sp acta protocolar), and is the preserve of notaries-at-law. Public form acts may take the form of a record of some activity which is intended or required to have evidentiary status, legal or administrative ...
A model act is needed because state administrative law in the states is not uniform, and there are a variety of approaches used in the various states. Later it was modified in 1961 and 1981. The present version is the 2010 Model State Administrative Procedure Act (MSAPA) which maintains the continuity with earlier ones. The reason for the ...
An Act of Parliament. An Act of the Scottish Parliament, Measure or Act of the Senedd or Act of the Northern Ireland Assembly; An Order in Council made under the Royal Prerogative; Church of England Measures – the instruments by which changes are made to legislation relating to the administration and organisation of the Church.