¶62 To be clear, after today, municipalities still have ample authority to regulate land use——and they should. Such regulation is an appropriate legislative function; it can serve to protect the health, safety and welfare of the public, and it
encourages well reasoned growth. use permits also is an appropriate
but the district at issue today as of right, and the only use
provides for is garnered
no permitted through the
of obtaining a justification exists
conditional for such
is set against land substantial relation general welfare.
use rights, to the public
and the health,
The Town of Rhine argues that being able to restrict
moreover, regulate However,
we do not seek where and under the Town of Rhine,
to limit the
in this case,
fails to acknowledge
town to be used.
It is very common for a landowner to assert taking and substantive due process claims in the same action, and to leave it to the court to sort out the differences.
1 Young, supra, § 3A.04, at 216-17.