To get more housing we need urbanists & constitutional lawyers to get together & file a lot of lawsuits. That’s the case I make in this post. Here’s a summary thread about it. In short, urbanists & libertarian/conservative lawyers need to talk. & sue. 1/https://ij.org/sc_blog/lets-take-zoning-to-court/ …
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They know about cases like Euclid or Kelo, but don’t “speak property rights public interest law.” And they don’t need to, but they do need to get to know those who do. 10/
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So here’s the point of the post & this thread—we need urbanists & free market public interest lawyers to learn from each other about how we can advance through constitutional litigation the civil rights cause of building more housing. 11/
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I’m not exactly sure how we do that (maybe we talk to each other on Twitter? A conference? Cocktail hours?), but if the result of it will be constitutional challenges to restrictions on providing housing for people it’ll be time well spent. 12/
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I should end by noting I’m very much one of the property rights lawyers, they’re the people I’ve associated w/ for a long time now. But I do know a few urbanists & know we have a lot in common. Learning from them has vastly improved my outlook on land-use policy. 13/
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Tagging just a few urbanists & property rights lawyers (& journalists) to (1) invite them to glance at my post & (2) maybe get to know each other more.
@SonjaTrauss@hanlonbt@lrichardsCNU@clmarohn@strongtowns@cityobs@Richard_Florida@MarketUrbanism 14/Prikaži ovu nit
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I'm interested to learn about legal challenges to exclusionary zoning. My read of Mt Laurel & Ch 40B is that neither have resulted in fundamental zoning reform or alleviating high housing costs, while creating more hostility btwn local & state govts. Open to other models, though.
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I think the long-term outcome of MT was as you say. My hope is that with the bit of heightened scrutiny available under state constitutions some extreme elements of zoning could be pushed back. Here's an example regarding cosanguinity laws from Ohio. https://ohioconstitution.org/federal-court-victory-forbidding-more-than-three-people-from-living-together-violates-ohio-constitution/ …
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