4 ms·

Is there a chance some local municipality will sue? Single family zoning went to the supreme court where it won and created the situation we have today.

jquery 7y ago
Then how was this law passed? Did they ignore the ruling?
- noobermin 7y ago
  If I'm not mistaken, there's nothing to stop one from passing a law, see AL and the recent abortion laws. Whether a law is unconstitutional/against precedent or not is decided once it goes to the courts. IANAL
  - sjg007 7y ago
    You can but it’ll get taken out by an injunction in Federal court. These laws are “passed” to court favor with voters. In the end the state govt will end up paying millions in legal fees etc... for basically marketing.
- dvdbloc 7y ago
  They can do whatever they want until someone stops them.
- djur 7y ago
  There's no ruling forbidding this. The SCOTUS case in question was a developer suing a town over zoning ordinances, claiming that they violated the 14th Amendment. That was resolved a long time ago. The hypothetical lawsuit here would be a town suing the state, claiming that the state doesn't have the power to control local zoning regulations. But I don't know where you'd even begin to argue that -- local land-use regulations are considered a delegation of the state's police power. Under current SCOTUS precedent, it would be totally legal for a state to outlaw all local zoning ordinances and mandate their own.
  - jquery 7y ago
    Thank you for the explanation, that makes sense. I tend to oppose this kind of state usurpation of local authority on principle, and believe that the correct way to resolve this issue is with proper land tax assessments, not outlawing single family home zoning. Still, it's better than no action--more housing does need to be built, and there are too many restrictions on building in cities already.
vonmoltke 7y ago
I assume you are talking about Euclid v. Ambler[1]. That case has no bearing on a state attempting to regulate the zoning of subordinate municipalities. [1] https://en.m.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_Realty_Co https://en.m.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_....
Shivetya 7y ago
Why wait for a municipality, any party with standing can sue and even those without standing can try and bog down the process. Go look up the theatrics that stifle housing in major California cities. If not stopped for historic reasons, the drop back to the old favorite the environment, or if need be the new favorite of mental health; as in shadows cast are bad. Zoning and more is mostly the means that became the accepted means of segregation. when zoning for the sake of segregation got called out they simply diverted the attention by marketing it better; hence historical preservation, environmental protection, and more.

jquery 7y ago

Then how was this law passed? Did they ignore the ruling?

noobermin 7y ago
If I'm not mistaken, there's nothing to stop one from passing a law, see AL and the recent abortion laws. Whether a law is unconstitutional/against precedent or not is decided once it goes to the courts. IANAL
- sjg007 7y ago
  You can but it’ll get taken out by an injunction in Federal court. These laws are “passed” to court favor with voters. In the end the state govt will end up paying millions in legal fees etc... for basically marketing.
dvdbloc 7y ago
They can do whatever they want until someone stops them.
djur 7y ago
There's no ruling forbidding this. The SCOTUS case in question was a developer suing a town over zoning ordinances, claiming that they violated the 14th Amendment. That was resolved a long time ago. The hypothetical lawsuit here would be a town suing the state, claiming that the state doesn't have the power to control local zoning regulations. But I don't know where you'd even begin to argue that -- local land-use regulations are considered a delegation of the state's police power. Under current SCOTUS precedent, it would be totally legal for a state to outlaw all local zoning ordinances and mandate their own.
- jquery 7y ago
  Thank you for the explanation, that makes sense. I tend to oppose this kind of state usurpation of local authority on principle, and believe that the correct way to resolve this issue is with proper land tax assessments, not outlawing single family home zoning. Still, it's better than no action--more housing does need to be built, and there are too many restrictions on building in cities already.

vonmoltke 7y ago

I assume you are talking about Euclid v. Ambler[1]. That case has no bearing on a state attempting to regulate the zoning of subordinate municipalities. [1] https://en.m.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_Realty_Co https://en.m.wikipedia.org/wiki/Village_of_Euclid_v._Ambler_....

Shivetya 7y ago

Why wait for a municipality, any party with standing can sue and even those without standing can try and bog down the process. Go look up the theatrics that stifle housing in major California cities. If not stopped for historic reasons, the drop back to the old favorite the environment, or if need be the new favorite of mental health; as in shadows cast are bad. Zoning and more is mostly the means that became the accepted means of segregation. when zoning for the sake of segregation got called out they simply diverted the attention by marketing it better; hence historical preservation, environmental protection, and more.