The Community Residence Movement: Land Use Conflicts and Planning Imperatives


This Article will first discuss the social and legal developments which underlie the move to offer patients and prisoners “community residences.” The less than adequate judicial and legislative responses to the conflict between policies favoring community residences and local land use interests will then be examined in order to show the need for more comprehensive state and local legislation. Finally, a recent ordinance adopted by Portland, Oregon, will be presented as a model for such a comprehensive approach. It is submitted that judicial readiness to stretch existing land use labels to accommodate community facilities, thereby advancing federal and state policy, should not serve as a substitute for administrative mechanisms at the state and local level which better integrate land use and social planning considerations.

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