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.
Ryan Nickerson reports on a legal controversy that could decide the future of land use control in the U.S. city most famous for rejecting the most common form of land use controls.
A pair of local homeowners are attempting to make the legal case that the city of Houston's Historic Preservation Ordinance (HPO) constitutes a form of de facto zoning—a system of land use control that is ostensibly not allowed in the city.
"In a brief filed on behalf of Powell and Luccia on Sept. 8, Houston lawyer Matthew Festa said that Texas law does not support, 'a vague and unlimited power for local governments to regulate property rights without limitation,'" explains Nickerson.
Festa argues that the city's HPO "[limits] individual property rights to create restrictive historic zoning districts, ignoring the requirements set forth by the Texas Legislature and the people of Houston," according to the article.
Sara Bronin, Real Property Law professor at the University of Connecticut Law School and a land use reformer in the state of Connecticut, is quoted in the article saying that the legal argument presented by the plaintiffs is novel in the legal system. More on the history of the lawsuits against the HPO, and the history of the HPO, itself is included in the article.
FULL STORY: Heights homeowners take fight over preservation ordinance to state Supreme Court
Oregon Passes Exemption to Urban Growth Boundary
Cities have a one-time chance to acquire new land for development in a bid to increase housing supply and affordability.
Where Urban Design Is Headed in 2024
A forecast of likely trends in urban design and architecture.
Savannah: A City of Planning Contrasts
From a human-scales, plaza-anchored grid to suburban sprawl, the oldest planned city in the United States has seen wildly different development patterns.
Washington Tribes Receive Resilience Funding
The 28 grants support projects including relocation efforts as coastal communities face the growing impacts of climate change.
Adaptive Reuse Bills Introduced in California Assembly
The legislation would expand eligibility for economic incentives and let cities loosen regulations to allow for more building conversions.
LA's Top Parks, Ranked
TimeOut just released its list of the top 26 parks in the L.A. area, which is home to some of the best green spaces around.
City of Rochester
Boston Harbor Now
City of Bellevue
HUD's Office of Policy Development and Research
Mpact Transit + Community
HUD's Office of Policy Development and Research
City of Birmingham, Alabama
City of Laramie, Wyoming
Colorado Department of Local Affairs
Urban Design for Planners 1: Software Tools
This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.
Planning for Universal Design
Learn the tools for implementing Universal Design in planning regulations.