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Appearance of Fairness Doctrine

Publication Title

Urban Law Annual

Abstract

What is "the appearance of fairness"? What makes some interests or actions permissible while others appear unfair? This Article first presents an overview of the appearance of fairness doctrine's emergence in the state of Washington, whose courts have decided most of the leading cases discussing the doctrine. This overview will convey a sense of the kinds of impropriety which have sufficiently offended judicial notions of fairness to prompt invalidation of local land use decisions. Second, this Article analyzes the development of the appearance of fairness doctrine in other states. Each state court alluding to the doctrine has taken a somewhat different approach based on local zoning law.

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