We argue that the policy response to these procedurally induced incentives to downzone
land should be to impose actual zoning budgets.
(14) The courts repeatedly take the stance that they will not become "super zoning boards" (15) and have given regulating agencies much leeway to use their police powers to "downzone
" at their discretion, as long as that decision addresses a legitimate governmental concern and is supported by competent and substantial evidence.
PODER worked with the neighborhood and was able to convince the city government to downzone
the land from industrial to office.
"There is a process here that says, |Take care of your friends and downzone
those you don't like.'"
A government proposal to downzone
Bill Mowry's land has the Hanalei bison rancher locking horns with the Office of State Planning.
Other NIMBY groups that market their initiatives in innocuous terms like "contextual development" or citing specious claims over fire safety are currently working on plans to limit air rights transfers in an effort to downzone
parts of the city.
City and County of Honolulu, (181) the Hawaii Supreme Court rejected an initiative measure that sought to downzone
property located next to a beach park.
Fearing for the future of their town, members of what was then the one and only Pukalani Community Association laid out a plan to eradicate the threat: They would ask the council to downzone
the property from hotel to residential.