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Simple English definitions for legal terms
pending-ordinance doctrine
Read a random definition: legal memory
A quick definition of pending-ordinance doctrine:
The pending-ordinance doctrine is a rule that allows a city or town to reject a request to use a property in a way that would break a law that is being considered but not yet passed. This rule was made by judges to prevent property owners from trying to get around new laws by asking for permission to use their land in a way that would not be allowed once the new law is in place.
A more thorough explanation:
The pending-ordinance doctrine is a principle that allows a municipality to reject a property use application that would violate a law that is pending when the application is made, even if the application would satisfy existing law.
This doctrine was created by the courts to prevent landowners from trying to get around a new ordinance by applying for a nonconforming use just before it is approved.
Suppose a city is considering passing an ordinance that would prohibit the sale of alcohol within 500 feet of a school. A property owner applies for a liquor license for a property that is only 400 feet away from a school. If the pending-ordinance doctrine applies, the city can reject the application even though it would be legal under the current law.
This example illustrates how the pending-ordinance doctrine can be used to prevent landowners from taking advantage of a loophole in the law.