Citation

Van Antwerp F, Miller JH. Transportation (Amst) 1981; 10(1): 35-49.

Copyright

(Copyright © 1981, Holtzbrinck Springer Nature Publishing Group)

DOI

10.1007/BF00165616

PMID

unavailable

Abstract

The effect of motor vehicles upon older neighborhoods has received increasing attention as residents of these areas seek to preserve the quality of life in their neighborhoods. In order to reduce through traffic in residential neighborhoods, numerous techniques have been developed, ranging from turn prohibitions to physical barriers. Since these measures have negative impacts on previous users of the streets, there has been substantial opposition to them. This paper reviews the major areas of conflict as revealed through court challenges.

Nine court cases were identified by the researchers. In four, the court decision supported the control measures; in five, the courts decided against the actions. Six of the nine cases are reviewed in this paper. Major legal issues which are identified include the appropriate use of municipal police power, reasonableness in the exercise of police power, the integration of control measures into an overall transportation plan, appropriate consideration of emergency vehicle needs and the rights of access to property, and public participation in the decision. The authors conclude that properly planned and executed diversion strategies can be implemented and can withstand challenges by negatively affected parties.