4 ms·

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.