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the city’s power “...to protect the residents of Tiburon from the ill-effects of urbanization.” They “...benefit the city’s interest in assuring careful and orderly development of residential property with provision for open space areas.” The Court noted further that the suing property owners shared with other owners the benefits and burdens of the city’s exercise of its power.
On the question of whether the ordinances constituted a
This major holding of the U. S. Supreme Court on open space zoning will do much to resolve the question of the extent to which municipalities, counties and states can enact laws to protect open space, including agricultural land. It is a strong denial of the claims of those who would argue that any governmental limitation on the use of land is "illegal.” A holding of the U. S. Supreme Court is after all the law of the land.
In the Piedmont, as across the country, this decision should greatly encourage those who are working to protect their resources of land and open space from the devastating effects of unplanned development. It should be further noted that another recent decision, this from the Virginia Supreme
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