Обновление к петицииImplement a 1-Year Moratorium on Housing Developments in Milford, DEMoratorium on developments in Milford
Julie MorrisMilford, DE, Соединенные Штаты
21 мая 2025 г.

Share the petition for our kids. 

According to Matt Bucher, vice president of Milford school district, the high school is over capacity currently by about 220 students including the modulars. Each year it grows by at least one classroom size.

The middle school is going to open in August with over 700 students and capacity is 1000. 

"On the elementary school level, the reorganization of grade levels among the buildings has bought us around (4) years grace period in the elementary schools at current and projected growth levels."

We have an increase between 3-6% per year of students.

 

 

Other local moratoriums:

Frederick https://frederica.delaware.gov/files/2025/03/24-05-Moratorium-Extension-Ordinance.pdf

 

Dagsboro https://baytobaynews.com/stories/through-moratorium-dagsboro-aims-to-assess-future-growth-impact,219770

 

 

 

Ruling on legality of development moratoriums:

"Majority opinion

The majority opinion written by Justice Stevens dealt with several issues that were raised by the petitioners seeking compensation.

First, Justice Stevens discarded the petitioners’ assertion that the enactment of the moratorium deprived the plaintiffs of all economic use of the property and therefore required compensation.

Justice Stevens held the case law does not support and in fact rejects the idea that a temporary moratorium invokes the Just Compensation clause. The text of the Fifth Amendment itself, he argued, creates a distinction between physical takings and regulatory takings specifying that only physical takings of private property for public purposes require just compensation. Justice Stevens closed this section of his argument predicting that if all takings, physical and regulatory, were to require just compensation then the whole notion of government takings would be, “a luxury few governments could afford.”[4]

Next Justice Stevens dealt with petitioners urging to examine the Court’s case law dealing with regulatory takings especially Lucas v. South Carolina Coastal Council (1992). Stevens, however, dismissed the precedent of Lucas saying that logically the property at issue in the present case cannot be considered to have lost all economic value since as soon as the moratorium is lifted it will recover all economic value. Fluctuations in property value cannot be considered constitutional takings.

Lastly, Justice Stevens moved on to more functional concerns. If governments are required to compensate landowners every time a moratorium is put into place in order to plan the development of an area, then officials will either rush through the planning process or skip it altogether; this would foster growth in the community that is either ill-conceived or inefficient."

https://en.m.wikipedia.org/wiki/Tahoe-Sierra_Preservation_Council,_Inc._v._Tahoe_Regional_Planning_Agency

 

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