Vermont Land Use Case Could Go to Supreme Court

Property owners argue that a new law protecting wildlife corridors amounts to an unconstitutional taking of property.

1 minute read

May 31, 2024, 6:00 AM PDT

By Diana Ionescu @aworkoffiction


Close-up of South Burlington, Vermont on yellow map.

atdr / Adobe Stock

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. 

Thursday, May 23, 2024 in The Other Paper

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

The Seat of Government

Good Planning Under Bad Leadership

Planners must sometimes work under bad leadership. Here are suggestions for responsive planning in challenging political environments.

February 3, 2025 - Todd Litman

Close-up of Donald Shoup during interview.

Legendary Parking Guru Donald Shoup Dies at 86

Urbanists are mourning the loss of a dynamic voice for parking reform and walkable cities.

February 10, 2025 - StreetsBlog NYC

Amtrak train with downtown Seattle in background.

Amtrak Cascades Line Breaks Ridership Record

The route linking Portland, Seattle, and Vancouver, BC served nearly one million riders in 2024.

February 2, 2025 - Daily Hive

Vacant interior of open plan office with large buildings and stacked wood planks on floor.

Over 71K Office-to-Apartment Units in the Pipeline for 2025

Adaptive reuse projects are continuing to bring thousands of new housing units onto the market as demand for office space remains low.

5 hours ago - RentCafé

Crane and construction on multi-story buildings in downtown Houston, Texas.

How Houston Can Be a Model for Housing Reform

The city builds more new housing than almost any other and has dramatically reduced homelessness, yet low-income families struggle to find affordable housing.

6 hours ago - Urban Edge

Small rural USPS post office in manufactured one-story grey building with American flag in front.

Delivering for America Plan Will Downgrade Mail Service in at Least 49.5 Percent of Zip Codes

Republican and Democrat lawmakers criticize the plan for its disproportionate negative impact on rural communities.

7 hours ago - Cowboy State Daily