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The city I work for is trying to create new zoning regs for its redevelopment area. We've seen that certain types of uses (consignment shops, thrift shops, pawn shops and check cashing stores) seem to discourage "full cost" retail from locating near them. We'd like to either eliminate those uses from our main mixed-use corridors, or require that they only be there as part of another use. Our city attorney's office is terrified that we are taking someone's rights away; our argument is that this is a redevelopment area, and we should do what we can to encourage new, market retail. Has anyone limited the discount-type uses this way in their redevelopment areas and survived a court battle over it? Or has anyone done a study that shows a negative correlation between redevelopment and concentrations of thrift-type uses? Help...
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