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- Info
No drip, no flush, no growth: How cities can control growth beyond their boundaries by refusing to extend utility services
| Author: |
Biggs, Julie H. |
| Date: |
1990 |
| Periodical: |
The Urban Lawyer |
| Abstract: |
Recent decisions upholding zoning regulations and land-use decisions designed to protect against the adverse effects of urbanization support municipal exercise of the police power within its jurisdiction to effect planning goals. The fact that city action denying extension of municipal services outside its boundaries may have the effect of delaying development is not extra-territorial zoning. Rather, it is the proper exercise of city power to effect legitimate policy goals. A city is entitled to protect its citizens against the adverse effects of urbanization so long as the action taken is within the city's power. A city's power to control delivery of municipal services is a powerful tool as the Swanson court noted and the Dateline court found. Case law supports the independence of a city's control over the services it provides from external regulation. So long as a city works toward its primary purpose of serving the needs of the city and its residents and treats all new requests for services by areas outside its service area similarly and without improper discrimination, restrictions on service for any legitimate governmental reason should be defensible. |
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