The purpose of this Article is to analyze and explain court decisions in cases involving challenges to the GMA itself, Growth Board rulings on local compliance, and GMA constraints on specific projects. Special emphasis will be given to the relative degrees of judicial deference accorded to the decisions of local governments and Growth Boards, respectively. Because most GMA requirements are conceptual, not definitive, and often ambiguous, a pervasive, recurring issue is whether the legislature intended to authorize local governments or the Growth Boards to fill in GMA's blanks, that is, to give specific meaning to GMA's often broadly stated requirements. This Article also addresses judicial resolution of issues concerning procedural prerequisites to obtaining judicial review of GMA compliance. An introductory overview of the Act's requirements provides context for the case law analyses that follow.

Included in

Land Use Law Commons