Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss, Assistant City Manager & Director of Legal                                                    Services
Date:	November 4, 2004
RE:	Ordinance No.  7841 – East Lawrence Rail Trail Area Moratorium

Attached is a draft copy of Ordinance No. 7841 establishing an East Lawrence Rail Trail Area moratorium, pursuant to City Commission direction on October 26, 2004.  The boundary area is recommended by the Planning Department.  The Planning Department has also provided a draft timeline for the preparation of the plan.

There is neither statutory authority nor City Code authority for the adoption of a building permit moratorium.  The moratorium is an exercise of the City’s home rule powers.  There are no recorded Kansas appellate court decisions reflecting on the exercise of home rule powers for the adoption of a building permit moratorium.  In reviewing court decisions from other jurisdictions moratoria on development have withstood successful legal challenge in situations where there is a strong public interest need to plan a defined area, the temporary pause in development will allow for planning to respond to the public interest, and the moratorium is of a reasonable, defined and preferably short period.