For example, the report's promotion of a piecemeal approach to street widening and building lines demonstrated a reluctance to exploit the city's power of eminent domain to its full potential.
Besides building lines, the two areas for which the report emphasized regulation of private land use were commercial advertising and building heights around the New Haven Green.
As with the conflict over building lines, the wider call for city planning that the report articulated remained largely unfulfilled despite an administrative solution that temporarily placated those leading the campaign for planning.
buildings, and the establishment of building lines, or the failure to do
As with both the national experience of city planning commissions and New Haven's precursor, the Building Lines Commission, the City Plan Commission's authority was circumscribed by design.
While not entirely disabling planning practice, these limitations constrained what planners could propose--as demonstrated in the Gilbert-Olmsted report--and what municipal commissions could enact and enforce--as demonstrated by the Building Lines Commission and City Plan Commission.
See Letter from Charles Kleiner, Corporation Counsel of New Haven, to the Special Commission on Building Lines (July 8, 1913), reprinted in 1913 City Y.
Shurtleff, supra note 27, at 204 (citing the "flexibility" that building lines allow cities that wish to widen streets in the future).
Bassett, supra note 27, at 5 (noting both uniformity and appearance as goals for building lines); Frederick Law Olmsted, Building Lines in the First Ward of New Haven, Report to the Joint Committee of the Civic Federation and the Chamber of Commerce on Streets and Building Lines, Gilbert & Olmsted, supra note 3, app.
Supreme Court decision finding a building line ordinance unconstitutional, a decision that did not reach the issue of the constitutionality of the building lines themselves.
Howard Lee McBain, American City Progress and the Law 109-13 (1918) (claiming that, while the Court in Eubank did not reach the constitutionality of building lines per se, it was likely "not receptive" to their permissibility, and further that no cases in state courts have allowed cities to impose building lines).
City Charter [sections] 80 (1905) (incorporating a procedure for assessing damages caused by building lines within the mayor-appointed administrative department).