CollegeTownLife
Court Cases and Journal Articles

Court Cases

  • Ames anti-"Animal House" housing ordinance legal, Iowa Supreme Court says
    Courier - 28 Jul 2007
    ... AMES, IA - The city of Ames doesn't want a bunch of college students running around in togas in an Animal House located in quiet family neighborhood and is within its rights to enforce a housing ordinance to keep it from happening, a narrowly divided Iowa Supreme Court ruled on Friday.

    The court said the city's ordinance banning more than three unrelated people from living in a home in certain residential zones is constitutional and may be enforced ...

    The ordinance, passed in 2000, was designed to stem the flow of Iowa State University students into residential areas, creating what the court refers to as an "Animal House" atmosphere in quiet family-populated neighborhoods ...

  • Judge strikes down Glendridge housing bylaw
    Standard - 27 May 2006
    ST CATHERINES, ON - A municipal bylaw that brought new zoning rules to the Glenridge area in an effort to keep student housing in check has been ruled illegal.

    Justice Joseph Quinn found the bylaw was passed without a public meeting, as is required under the planning act, and was “unfair” to building owners.

    The Superior Court decision overturns a bylaw St. Catharines city council passed in November limiting the size of apartments in the area and creating higher standards for parking and landscaping.

    The ruling also renders all appeals of the bylaw to the Ontario Municipal Board moot because there is no longer a bylaw to appeal.

    “I am profoundly disappointed in this process,” said Carolyn Toth, past-president of the St. Catharines Association of Concerned Citizens Inc. “I am profoundly disappointed that they quashed the new bylaw on a technicality...

  • Nuisance party law is upheld on appeal
    Court links measure to public safety, health
    Blade - 10 Dec 2005
    ...BOWLING GREEN, OH - The 6th District Court of Appeals yesterday upheld Bowling Green's right to cite hosts of parties whose guests are engaging in illegal activities, saying the 1 1/2-year-old nuisance party law was constitutional.

    Student Legal Services Inc. at Bowling Green State University challenged the law intended to quell loud college parties, saying the ordinance violated students' rights of due process and free assembly...

  • Court Rules Against Cap
    The Hoya - 16 Jan 2004
    ...The D.C. Court of Appeals sided with Georgetown University in a Dec. 4 ruling that invalidates several conditions of the university’s 10-year plan, including Georgetown’s enrollment cap.

    The court ruled that the Board of Zoning Adjustment lacked “substantial evidence” when it rejected a proposed increase in enrollment of 389 students, from the current enrollment cap of 5,267 to 6,016 during the 2001 campus plan negotiations..

  • Supreme Court refuses GW case
    GW Hatchet - 9 Oct 2003
    ...The U.S. Supreme Court declined Monday to hear GW's case against a city housing order prohibiting the University from building nonresidential facilities. While the decision brings an end to GW's three-year battle against the order in federal court, University officials said they would continue to seek the order's reversal in the D.C. Court of Appeals...GW now has until August 2006 to meet the 70 percent mark and provide an on-campus bed for every student that causes enrollment to exceed 8,000...
  • Zoning ordinance upheld in Supreme Court ruling
    Indianapolis Star - 24 Sep 2003
    ...Zoning laws that restrict the number of unrelated adults who live together in the same home are constitutional, the Indiana Supreme Court ruled Tuesday.
    A landlord in Bloomington challenged the legality of the city's zoning law, which prohibited more than four unrelated adults from living together. Peter Dvorak was a landlord with five tenants in his house.

    In its unanimous decision, the Supreme Court found that the ordinance does not violate the Indiana Constitution's Privileges and Immunities Clause. The justices explained that the ordinance passes the legal test because people who are related can live together -- with no exceptions -- so the privilege is equally available to anyone...

  • GW wins short-term court victory: Appellate court affirms city's right to limit University growth
    G W Hatchet - 15 Sep 2003
    ...A Thursday court ruling will give GW an additional four years to comply with a city order that requires the University to house 70 percent of undergraduates on campus. The order also prevented GW from constructing nonresidential facilities such as a new business school building.

    The order initially required GW to house 70 percent of its undergraduate students - including all freshmen and sophomores - within city-defined campus boundaries by August 2002. The order also mandates that GW provide an on-campus bed for every student after enrollment reaches 8,000. However, the University now has until 2006 to meet the requirements, the D.C. Court of Appeals ruled...

  • Court Backs Plan to Limit GW University Housing in West End and Foggy Bottom
    The West End Guide - Mar 2003 edition
    ...The BZA sided with neighborhood groups, and expressed concern "about the continued vitality of the Foggy Bottom and West End neighborhoods as pressures associated with university expansion threaten their livability and stable residential character."

    To stop the encroachment into nearby residential neighborhoods, the BZA ordered in March 2001 that GWU’s undergraduate enrollment be frozen and that all non-dormitory construction be halted on campus until the university constructed on-campus housing for 70 per cent of its students. GWU had 8,044 undergraduates at the time.

    GWU appealed the order to the U.S. District Court, arguing that the District’s conditions "would seriously jeopardize the character, academic mission and future of the university," and stated that the "BZA’s irrational, discriminatory order violates both the constitutional and federal statutory rights...

  • AMES RENTAL PROPERTY ASSOCIATION, vs. CITY OF AMES (filed July 27, 2007)
  • GEORGE WASHINGTON UNIVERSITY v. DISTRICT OF COLUMBIA, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 2003 U.S. App. LEXIS 1826
  • City of Brookings v. Winker, 1996 SD 129
  • Capricorn Equity Corp. v. Town of Chapel Hill No. 187PA92 (Filed 2 July 2 1993)
  • Can Family Relationships set Density Restrictions (Brookings v. Winker)
  • Rental statute stands in court (Michigan)
  • State of Nebraska, Case Caption: State v. Champoux
  • Zoning law limits occupancy (Indiana)
  • BOARD OF ZONING APPEALS, BLOOMINGTON, INDIANA v. LEISZ
  • Court upholds 2-person housing ordinance (Georgia)
  • Stegeman v. City of Ann Arbor

Articles

Darren P. Smith
Department of Geography, School of the Environment, University of Brighton, Brighton, BN2 4GJ Tel: 01273 643318; Fax: 01273 642285 (D.Smith@Brighton.ac.uk)

References

BENJAMIN, A. 2001. Student Invasion, Roof, January / Februrary, pp. 34-36.
BEST, H. 1999. Houses in Multi Occupation: Issues For Discussion, 3rd    August.
BEST, H. 2002. Houses in Multi Occupation: Higher Education – A Major    Industrialised Acitivity, Its Inner City Expansion And Its Effect On Local    Communities In Leeds North-west, January.
CHATTERTON, P. 1999. University students and city centres – the formation    of exclusive geographies. The case of Bristol, UK, Geoforum, 30,
    pp. 117-33.
CHATTERTON, P. 2000. The cultural role of universities in the community:    revisiting the university-community debate, Environment and Planning A,    17, pp. 685-99.
CHATTERTON, P. AND HOLLANDS, R. 2002 Theorising urban playscapes:    Producing, regulating and consuming youthful nightlife city spaces, Urban    Studies, 39, pp. 95-116.
COLLINSON, P. 2001. Buy-to-let misery for students’ neighbours, The    Guardian, 5th May.
DEPARTMENT OF EDUCATION AND EMPLOYMENT. 2001. The Excellence    Challenge. The Government’s proposals for widening the participation of    young people in Higher Education, HMSO, London.
DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGION (2000)    Licensing of Houses In Multiple Occupation, HMSO, London.
HEADINGLEY AGAINST LANDLORDISM. 1999. Headingley In Crisis. A Survey Of    The Views Of Long-term Residents, June.
HIGHER EDUCATION FUNDING COUNCIL FOR ENGLAND. 2002.    http://www.hefce.ac.uk/news/hefce/2002/fund0203.htm
KENYON, E.L. 1997. Seasonal sub-commmunities: the impact of student    households on residential communities, British Journal of Sociology, 48,    pp. 286-301.
MULHOLLAND, H. 2000. Held captive, The Guardian, 23rd May.
REVELL, P. 2000. Flat hire, The Guardian, 17th August.
RUGG, J., RHODES, D. AND JONES, A. 2000. The Nature and Impact of    Student Demand on Housing, Joseph Rowntree Foundation, York.
SMITH, D.P. 1999. Patterns and Processes of ‘Studentification’, grant    application report, submitted to the Vice-chancellors Office, University of    Leeds.
SMITH, D.P. 2002a. Patterns and processes of ‘studentification’ in Leeds,    Regional Review
SMITH, D.P. 2002b. Processes of ‘Studentification’ in Leeds, Offical Report to    the City and Regional Office, University of Leeds, May.
WAINRIGHT, M. 2001. Leeds: Verve and confidence help prosperity, but a    dark side remains, The Guardian, 1st March.

  • What Other College Communities Have Done
    Examples of Regulatory Actions to Preserve the Single-Family,
    Residential Character of a Campus Neighborhood
    Urbana, IL
  • Models of Segregation
    Thomas C. Schelling
    American Economic Review, 1969, vol. 59, issue 2, pages 488-93
  • Schelling’s Dynamic Models of Segregation: A cellular automata approach
    Juan Miguel Benito and Penelope Hernandez - June 10, 2004
  • Colleges and Communities: CONNECTION Magazine Explores Complex Housing Issues in New England's College Towns-and Cities - Winter 2001
  • “GROWTH AND EXPANSION OF PRIVATE UNIVERSITIES IN THE DISTRICT OF COLUMBIA” The case of George Washington University - AN ECONOMICS PRIMER
  • 'States of Mind': Universities and Local Taxes
  • Analysis of Issues Regarding Student Housing Near the University of Florida, City of Gainesville and Duncan Associates, draft April 2002.
  • Brown, Patricia Leigh. The Chroming of the Front Yard, New York Times, June 13, 2002.
  • Building Partnerships for Neighborhood Change: Promising Practices of the University-Community Partnership Initiative. Fannie Mae Foundation, Practice Report, December 2001.
  • Calder, Allegra and Rosalind Greenstein. Universities as Developers. Land Lines, Newsletter of the Lincoln Institute of Land Policy, July 2001.
  • Carr, James. It’s Not Just Academic: University-Community Partnerships Are Rebuilding Neighborhoods. Housing Facts and Findings, Vol. 1, No. 1, Fannie Mae Foundation, Spring 1999.
  • Downtown and University Partner for Success in Tempe. Downtown Idea Exchange, Vol. 43, No. 1, Alexander Research and Communication, Inc, January 1996.
  • Emerging Urban Imperative: University Involvement and Leadership. Urban Outlook, Vol. 13, No. 19, Alexander Research and Communications, Inc, October 1991.
  • Giebner, Robert C. Probing the Issues of Town/Gown Conflict: Paving the Road to Accord. Historic Preservation Forum, November/December 1992.
  • Great College Towns: ePodunk Study Targets Cultural and Economic Centers. EPodunk College Towns Index at www.epodunk.com/top10/colleges/index.html
  • Hebel, Sara. Two Universities’ Battles Over Zoning Raise Issues of Privacy and Human Rights. The Chronicle of Higher Education, online at http://chronicle.com, October 12, 2001.
  • Old Dominion University website, various articles at www.odu.edu/af/maglev/
  • Pinck, Dan. (Re)Emerging Roles for Developers: Universities as Partners. Real Estate Finance, Summer 1993.
  • Raborn, Craige. Coping with Colleges: How Communities Address the Problems of Students Living Off-campus. Zoning News, American Planning Association, May 2002 and online forum transcript at www.planning.org .
  • Rucinski, Loren. The Union College/Schenectady Initiative Revives Neighborhood. College Planning and Management, March 2001.
  • Stern, Julie D. Private Enterprise, Public Universities Meet in California. Urban Land, July 1991.
  • Town of Blacksburg website at www.blacksburg.gov/services/planning/neighborhood_enhancement.php
  • University of Pennsylvania website at www.upenn.edu/president/westphilly
  • Virginia Tech websites at www.rdp.vt.edu/ , www.rdp.vt.edu/offcampus/ , http://vtoch.uusa.vt.edu
  • Yager, Edward. University Center Technical Assistance and Strategic Plans for Local Economic Development. Economic Development Review, Fall 1997.
  • Yale Bulletin & Calendar, Yale and New Haven: A Progress Report, Special Alumni Issue, February 2002.
  • Zucker, Paul. Town and Gown: Coming to Terms in Tucson. Planners Casebook, American Planning Association, Winter 1998.



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