Lawsuits

Strong Towns Takes Licensing Challenges to Court
For a second time, Charles Marohn is facing a challenge from the engineering profession over his work as the founder of the popular advocacy organization Strong Towns. This time, Marohn and Strong Towns are pushing back.

Planning via Zoom: Legal Scrutiny for Pandemic Realities in New York City
The question of whether a public review process conducted by Zoom is sufficient to approve a sweeping rezoning plan is a matter of no small legal concern in 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.

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.

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.

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.

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Plano Tomorrow, a comprehensive approved in 2015, has been rescinded and replaced with the city's previous master plan, approved in 1986.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.
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