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Land Use Litigation Toolkit (Federal)
Practical Law Toolkit w-038-4816 (Approx. 5 pages)
Land Use Litigation Toolkit (Federal)
by Practical Law Government Practice
| Maintained • USA (National/Federal) |
A collection of resources providing guidance to government attorneys on defending federal land use and zoning claims. These challenges arise in many contexts, including the validity of a zoning ordinance or comprehensive plan, claims for damages for the taking of property and civil rights violations, appeals of local decisions on rezonings, variances, and code enforcement actions. These resources were generally written from the point of view of the government defendant, but they are also likely useful to private sector plaintiffs filing a challenge.
For controversial zoning decisions, a legal challenge is likely regardless of whether the local government approves or denies the zoning request. For example, if the government denies a request, the developer is likely to file a challenge; and if the government approves the request, a neighbor opposed to the development is likely to file a challenge.
These legal challenges take many forms across state and federal courts. For example, challenges to administrative permitting decisions in New York are challenged through an Article 78 proceeding (see CPLR Article 78 Toolkit). However, the most perilous legal challenges for local governments are typically those alleging the violation of constitutional rights. Federal civil rights claims against local governments, most often brought as Section 1983 actions, are not limited by sovereign immunity and may result in massive damage awards and attorney's fees being granted to the prevailing plaintiff.
This toolkit includes resources on federal civil rights claims arising from the enactment of zoning regulations, administrative land use decisions, and enforcement of the zoning code.