Vermont Land Use Case Could Go to Supreme Court

The U.S. Supreme Court could take on another case that could have rippling effects on local zoning and land use regulations. As Habib Sabet explains in The Other Paper, “The dispute stems from land use regulations passed by the city council in February 2022 that limits development in newly designated ‘habitat blocks,’ or wildlife corridors.”

Owners of a 113.8-acre parcel in South Burlington say the regulations amount to an unconstitutional seizure of their property, preventing them from developing on roughly a third of the land. “In his dismissal of the initial lawsuit, Judge Geoffrey Crawford of the U.S. District Court of Vermont wrote that, ‘in absence of a concrete plan, submitted to the DRB (Development Review Board) and a final decision from the DRB, it is not possible to tell how far the regulations encroach on the Plaintiff’s right to develop it’s [sic] property.’”

Sabet points out that even if the Supreme Court takes the case and rules in the developers’ favor, more litigation — likely years — would follow.