AESTHETICS AS A LEGAL BASIS FOR ENVIRONMENTAL CONTROL

THE DEVELOPMENT, ON THE BASIS OF AESTHETIC CONSIDERATIONS, OF PRIVATE AND PUBLIC ENVIRONMENTAL CONTROLS IS REVIEWED. COMMON LAW REMEDIES, LEGISLATION, POLICE POWER PROBLEMS, EMINENT DOMAIN, AND ZONING ORDINANCES ARE DISCUSSED. THE AUTHOR CONCLUDES THAT BALANCING THE INTANGIBLE VALUES OF AESTHETICS (OR THE RELATED PROBLEM OF PRESERVATION) AGAINST TRANSPORTATION CONVENIENCES, PUBLIC UTILITIES AND OTHER ECONOMIC SERVICES, FOOD AND FIBER, CALLS FOR A COMBINATION OF LEGISLATIVE INITIATIVE (CREATING NEW SPECIFIC AESTHETIC STANDARDS AND EXPANDED CONTROLS TO PROTECT COMMUNITY BEAUTY) AND JUDICIAL INTERVENTION IN SITUATIONS IN WHICH EQUAL PROTECTION AND/OR FIRST AMENDMENT FREEDOMS CLEARLY HAVE PRIORITY OVER AESTHETICS AND IN WHICH THE REMEDY OF THE BALLOT BOX IS INEFFECTIVE. /AUTHOR/

  • Supplemental Notes:
    • Vol 17, No 5, PP 1347- 1396
  • Corporate Authors:

    Wayne State University Law School

    468 West Ferry Street
    Detroit, MI  USA  48202
  • Authors:
    • Leighty, L L
  • Publication Date: 1971-12

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Filing Info

  • Accession Number: 00238902
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Mar 20 2003 12:00AM