Home > Publications > Articles > Justices Reaffirm Vitality of Ab Initio Doctrine in Land Use Cases

Justices Reaffirm Vitality of Ab Initio Doctrine in Land Use Cases

Posted:
03/12/2007

In this article, Martin J. Doyle, a Partner in the Transactional Real Estate Practice Group, explain the doctrine, "void ab initio," a constitutional line that arises in the context of due process challenges to the enactment of statutes. This doctrine states that a statute that is "held unconstitutional is considered void in its entirety and inoperative as if it had no existence from the time of its enactment."

Mr. Doyle apply this doctrine to several land use cases and explain the decisions reached in each case.

To read the entire article, please click the link below.