The Tyranny of the Majority: The Buckeye Decision on Fairness, Fair Housing and Referenda

Abstract

Abstract In this issue, six experts in land use law present their views of the U.S. Supreme Court's March 25, 2003 decision in the case of City of Cuyahoga Falls v. Buckeye Community Hope Foundation, which concerned a developer's claim for damages due to permitting delays resulting from a referendum process used by citizens to stop a low-income housing project. Below is a chronological abstract of the case, followed by commentaries by Stuart Meck, FAICP, John Payne, Peter Buchsbaum, Dwight Merriam, FAICP, Anthony Cresap, and David Collies, FAICP.