Dwight Merriam

Dwight Merriam is a lawyer representing developers, local governments, landowners, and advocacy groups in land development and conservation issues.

Member for
15 years 9 months

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Full Bio

Dwight H. Merriam founded Robinson & Cole’s Land Use Group in 1978. He represents land owners, developers, governments and individuals in land use matters. Dwight is a Fellow and Past President and of the American Institute of Certified Planners, a former Director of the American Planning Association, Vice-Chair of the American Bar Association of State and Local Government, a Fellow of the Royal Institution of Chartered Surveyors, a Fellow of the American Bar Foundation, a Fellow of the Connecticut Bar Foundation, a Counselor of Real Estate, a member of the Anglo-American Real Property Institute, and a member of the American College of Real Estate Lawyers. He teaches land use law at the Vermont Law School and has published five books and 200 articles. Dwight received his B.A (cum laude) from the University of Massachusetts, his Masters of Regional Planning from the University of North Carolina and his J.D. from Yale Law School.

RLUIPA Ripeness Rule Reinforced

The concept of ripeness in several realms is elusive. I have never figured out how to properly thump a melon at a grocery store, although I have made a thorough study of it. You might want to<a href="http://aces.nmsu.edu/CES/yard/1998/070698.html"> click here</a>, or <a href="http://www.boston.com/ae/food/articles/2006/08/09/is_a_melon_ripe_for_the_eating_heres_how_to_tell/">here</a>, or <a href="http://www.foodsubs.com/Fruitmel.html">here </a> for some guidance, none of which seems to work when it’s just me in a stare down with a cold, stone faced and silent honeydew. Just yesterday one of my younger children from what we call the “second litter” asked me at dinner how I could tell if a coconut was ripe. I paused, realized that I had no answer, and did what every good parent should do and asked instead why they weren’t eating their salad. Yes, attack and divert. You think melons and coconuts are tough — try ripeness in land use litigation.

What Happens When an Irresistible Force Meets an Immovable Object

The unstoppable force paradox is an exercise in logic that seems to come up in the law all too often. There is a Chinese variant. The Chinese word for “paradox” is literally translated as “spear-shield” coming from a story in a Third Century B.C. philosophy book, Han Fiez, about a man selling a sword he claimed could pierce any shield. He also was trying to sell a shield, which he said could resist any sword. He was asked the obvious question and could give no answer. The Washington Supreme Court broke the paradox between a 12-month moratorium during which the City of Woodinville considered sustainable development regulations for its R-1 residential area, and the efforts by the Northshore United Church of Christ (Northshore Church) to host a movable encampment for homeless people on its R-1 property. <a href="http://www.courts.wa.gov/opinions/pdf/805881.opn.pdf">City of Woodinville v. Northshore United Church of Christ (July 16, 2009)</a>.

Sorting Out Sonia Sotomayor

According to the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/06/27/AR2009062702476.html?hpid=topnews">Washington Post</a>, 62% of Americans think Sonia Sotomayor should be confirmed for the U.S Supreme Court because she is “about right” ideologically. The question is, how good will she be for municipal attorneys?