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No.

2006AP450

¶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

The issuance

of conditional

function for

municipalities.

Municipalities

certainly

have

broad

authority

to

restrict

land

use, use

but the district at issue today as of right, and the only use

provides for is garnered

no permitted through the

possibility reasonable

of obtaining a justification exists

conditional for such

use

permit.

No

excessive

government

control

and

restriction——especially

when

that

government

control

is set against land substantial relation general welfare.

use rights, to the public

and the health,

control

bears

safety,

morals

no or

¶63

The Town of Rhine argues that being able to restrict

where less

desirable

uses develop

is

methodology

of Euclidian

zoning." We

do

"the

fundamental

not

disagree, and

moreover, regulate However,

we do not seek where and under the Town of Rhine,

to limit the

power

what conditions

land

in this case,

fails to acknowledge

town to be used.

of may

a

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.

42

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