Why New Urbanism is the Bane of the Legal Profession

It's not how complicated or divisive New Urbanist-based land use regulations are that's driving the legal profession nuts. It's the opposite. There just aren't many New Urbanist rulings in the casebook, explains Jonathan Zasloff.

1 minute read

February 9, 2013, 11:00 AM PST

By Jonathan Nettler @nettsj


Seaside Entrance

M.Fitzsimmons / Wikimedia Commons

Zasloff explores the possible reasons why "[a] quick check in the Westlaw 'ALLCASES' database yields only one result for the phrase 'Form-Based Code' and none of the results for 'transect' has anything to do with the New Urbanist land use concept."

It's not that there hasn't been enough proliferation of New Urbanist-based regulations to to generate cases, he argues, but that "New Urbanism squeezes a lot out of the uncertainty and over-regulation out of the Euclidean system, but cannot get rid of it.  Euclidean zoning might be necessary to handle these uncertainities [sic]."

"In other words," he concludes, "while New Urbanism coding can serve as a replacement for a lot of Euclideanism, it cannot eliminate it entirely — not because we are addicted to Euclidean forms, and not because we are dumb, but because lots of the world is uncertain, and cities will have to grapple with that.  Conditional use permits and variances aren’t about the flawed ideology of early-20th century planners, but about the world’s inevitable uncertainty.  If this is right, then land use casebooks will still emphasize Euclidean zoning, because that’s where the disputes are and necessarily will be."

Wednesday, February 6, 2013 in Legal Planet

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

November 11, 2026 - Zachary Whalen

A road in north eastern Nebraska with power lines on either side, and grassy fields.

Eastern Nebraska is running out of electricity

Data centers and electrification are straining eastern Nebraska’s grid, throttling economic development.

November 6, 2026 - Grist

People walking and cycling on a street in Boston.

Study reveals best places in the U.S. for cycling, walking

New research from Streetlight Data examines bicycle and pedestrian miles per capita in the 100 largest U.S. cities by population.

November 8, 2026 - Smart Cities Dive

Two workers in high-vis jackets look at a melted portion of the I-95

Why does it take an emergency for the U.S. to expedite infrastructure projects?

In June 2023, Philadelphia repaired a melted interstate in 12 days thanks to an emergency order.

November 14 - Vox

Mark, an older white man in a blue jacket, smiles in front of a plaque that commemorates his scholarship.

Federal government nominates new FTA administrator

Mark Aesch is currently the founder and CEO of a transportation management consulting firm.

November 13 - Mass Transit

A rendering of people walking through a park to the chicago bears stadium, which is large and dome shaped.

Developers reveal $10 billion stadium plan as ‘Hail Mary’ to keep Bears in Chicago

The plan would also boast a public park, high- and mid-rise buildings and a youth sports complex.

November 13 - Chicago Sun Times

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.