David J. Brower

Representation in Comprehensive Planning: An Analysis of the Austinplan Process

Abstract This article examines the representativeness of the process, known as Austinplan, by which the City of Austin involved over 1,000 citizens in preparing a new comprehensive plan. The participants were more affluent and better-educated than most Austin citizens; their views, however, were similar to those of the general public on problems, urban conditions, and values. On the other hand, significant differences occurred between these groups on some important public policy positions, perhaps resulting from knowledge gained from prior participation in civic affairs, or participation in Austinplan itself. Differences on policy between participants and the general public could lead to conflict about specific plans and strategies. This may be an instance of a classic issue: should representatives act as delegates of a citizenry less informed than they are about the subjects at hand, or should they act as trustees on behalf of the civic good as they perceive it to emerge from the process of deliberation?

Public perception of hurricane hazards: Examining the differential effects of hurricane Diana

Abstract This article reports the findings of a telephone survey of two coastal regions in North Carolina in the aftermath of hurricane Diana: one that received a direct hit from the storm (Oak/Pleasure Island area) and one that received only media reports of the storm and its impacts (Nags Head area). It was hypothesized that the hurricane had differential effects on attitudes in these two regions. It was predicted that because of the media depiction of Diana as a large hurricane, contrasted with the actual low levels of damages to result, support for mitigation programs in the region of greatest impact would be low. Conversely, it was expected that awareness and support of mitigation programs would be higher in the unaffected region, where the media images of disaster were not neutralized by firsthand observation of the storms impact. Data from the study indicate that there are statistically significant differences between these groups in their perceptions of Dianas impact and hurricane hazards genera...

PUBLIC ACCESS TO OCEAN BEACHES: IF YOU FIND A PARKING SPACE, HOW DO YOU GET TO THE BEACH?

The public presently owns, or has the right to use, a substantial portion of the nations ocean beaches. However, the public cannot, in fact, use many of these beaches because there is no legal access to them. As the coast develops, more and more areas become closed to the public. The states are now being encouraged to plan for access to the beaches; there are a number of tools and techniques at their disposal.

Courts Move toward Redefinition of General Welfare

Abstract In 1926, a legal challenge to the zoning ordinance of the city of Euclid, Ohio, was dismissed, although the U.S. Supreme Court added that its decision was not meant to “exclude the possibility of cases where the general public interest would so far outweigh the interest of the municipality that the municipality would not be allowed to stand in the way.” Euclid v. Ambler Realty, 272 U.S. 365, 90. In 1926 it was enough that the challenged zoning ordinance served to enhance the health, safety, morals, and general welfare of the city of Euclid alone. Fifty-two years later, in 1978, an amendment to the Bothell, Washington, zoning ordinance was found to be unconstitutional because, in adopting it, the city had not adequately considered the impact the amendment would have, not on the city of Bothell, but on the general welfare of the region of which Bothell is a part. Save v. City of Bothell, 576 P. 2d 401 (1978).