Lawsuits

Brooklyn, New York City

Lawsuit Challenges Zoom Hearings on Gowanus Rezoning Plan

Planning departments relying on online public hearing processes will want to keep monitor this lawsuit in New York City.

January 18, 2021 - Brooklyn Paper

Pennsylvania

Lawsuit Challenges PennDOT's NEPA Process on Erie Bayfront Parkway

Despite 80% of survey respondents wanting a reduction in volume on Erie's waterfront parkway and improved pedestrian and bicycle access to the city's waterfront, PennDOT plans instead to double traffic as part of a $120 million high-speed bypass.

December 24, 2020 - Earth Justice

Zakim Bridge and Tobin Bridge

Legal Settlement a Major Win for High-Capacity Transportation in Massachusetts

A decision by the Massachusetts Department of Transportation to rescind a carpool lane has not resulted in a significant expansion of transit and carpool capacity on Interstate 93 north of Boston.

November 22, 2020 - Streetsblog Massachusetts

Houston, Construction

Houston Lacks Zoning—Or Does It? The State Supreme Court Will Decide

A lawsuit argues that Houston's Historic Preservation Ordinance is a form of de facto land use control, equivalent to zoning, which isn't allowed by state and local laws.

September 15, 2020 - Houston Chronicle

Texas

Legal Challenge Brings Down the Plano Tomorrow Comprehensive Plan

Plano Tomorrow, a comprehensive approved in 2015, has been rescinded and replaced with the city's previous master plan, approved in 1986.

August 5, 2020 - The Dallas Morning News

Atlanta, Georgia

Georgia Feud Over Mask Mandates May Not Be What it Seems

Georgia Gov. Brian Kemp (R) has sued Atlanta Mayor Keisha Lance Bottoms (D) and the Atlanta City Council over the city's mask mandate, which is stricter than mask provisions defined in the governor's July 15 executive order.

July 20, 2020 - The Atlanta Journal-Constitution

2016 Presidential Election

Floridians File Lawsuit to Protect Jacksonville from the GOP

A public nuisance lawsuit filed July 8 aims to ensure that an unsafe indoor mass gathering like President Trump held in Tulsa last month, which reportedly led to coronavirus infections, does not occur during the Republican National Convention.

July 13, 2020 - WJCT News

Columbia University Athletics

A New Generation of Community-Led Planning in New York

With a benchmark success in demanding rights for the community during an ongoing rezoning process in Inwood, a neighborhood in Manhattan, a new generation of community-led resistance to top-down planning is coalescing in New York City.

July 13, 2020 - Yes!

Atlanta Public Transit

Resident Sues MARTA for Suspending Bus Service Due to the Coronavirus

A local transit advocate is using legal pressure in an effort to hold the Metropolitan Atlanta Rapid Transit Authority (MARTA) accountable for bus transit cuts in the early months of the pandemic.

July 9, 2020 - The Atlanta Journal-Constitution

Coronavirus Protest

Justice Department Challenges Hawaii Quarantine

The U.S. Justice Department has intervened in a lawsuit on behalf of the plaintiffs challenging Hawaii's mandatory two-week quarantine for travelers arriving on the island state. The Trump-appointed judge did not react favorably.

June 29, 2020 - Politico

Inwood Hudson RIver

Lack of Racial Impact Analysis Opens Inwood Plan to Legal Challenge in New York City

New York City is appealing a judge's decision to toss the Inwood NYC Action Plan, approved by the city in 2018. Next City describes the racial justice implications of the court case and the plan.

June 17, 2020 - Next City

Michigan

First Wave of Lawsuits to Litigate Michigan's Dam Catastrophe

After a series of failures last week sent flood waters spilling into Midland County, Michigan, property owners in the area are filing class action lawsuits to recoup their losses.

May 27, 2020 - Detroit Free Press

Coronavirus

Religion in the Pandemic: First Amendment vs. Public Health and Safety

Conflicts between church and state are being decided in state and federal courts as governors act to protect their constituents from the coronavirus while religious institutions and their supporters seek exceptions from social gathering restrictions.

May 24, 2020 - The Oregonian

Road Closure

State and Local Border Restrictions Draw Legal Scrutiny

Some call restrictions at state and county borders necessary to protect the public health of communities. Others call them unconstitutional.

April 20, 2020 - The Washington Post

Pearl District

Portland 2035 Comprehensive Plan Clears Legal Hurdle

The portion of Portland's Comprehensive Plan devoted to missing middle housing spurred a lawsuit that held up the plan until January of this year.

March 9, 2020 - City of Portland

Hearst Tower Norman Foster

The Long, Tough Road for Property Tax Reform in New York City

Landlords and the NAACP agree on the need for property tax reform in New York City, but it took a lawsuit to get the city moving on reform, and the state is still dragging its feet.

March 3, 2020 - The New York Times

Cupertino, California

Controversial Development Site in Cupertino Compounds Legal Controversy

The city of Cupertino rezoned a controversial development site in case a judge tosses the developer's current plan for the site. Now the developer is suing, accusing the city of an illegal taking.

February 26, 2020 - The Mercury News

South Los Angeles Market-Rate Housing Development

Developer Sues L.A. After Area Planning Commissioners Reject Multi-Family Project

A development controversy also now an expanding legal controversy, after a local planning commission rejected a controversial development proposal allowed by zoning.

February 24, 2020 - Los Angeles Times

Pacific Coast

Housing Litigation by California Attorney General Yields Results

A landmark state lawsuit will be settled if the Huntington Beach City Council approves an amended specific plan that increases housing. The lawsuit was enabled by 2017 legislation strengthening California's 50-year-old housing element law.

January 27, 2020 - Los Angeles Daily News

The Penninsula

Are Charter Cities Subject to California's Housing Laws?

After a San Mateo County Superior Court judge ruled that charter cities are exempt from the Housing Accountability Act, aka the anti-NIMBY law, the state stepped in to support the appellant, a YIMBY group that launched a "Sue the Suburbs" campaign.

January 24, 2020 - San Francisco Chronicle

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