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

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

Cover CM Credits, Earn Certificates, Push Your Career Forward

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

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

June 11, 2025 - Diana Ionescu

Metrorail train pulling into newly opened subterranean station in Washington, D.C. with crowd on platform taking photos.

Congressman Proposes Bill to Rename DC Metro “Trump Train”

The Make Autorail Great Again Act would withhold federal funding to the system until the Washington Metropolitan Area Transit Authority (WMATA), rebrands as the Washington Metropolitan Authority for Greater Access (WMAGA).

June 2, 2025 - The Hill

Large crowd on street in San Francisco, California during Oktoberfest festival.

The Simple Legislative Tool Transforming Vacant Downtowns

In California, Michigan and Georgia, an easy win is bringing dollars — and delight — back to city centers.

June 2, 2025 - Robbie Silver

Bike Parking Utrecht Centraal Station

Supporting Cycling Takes More Than Just Bike Lanes

Safe, protected bike lanes are a key part of a city’s bike infrastructure — but secure parking, e-bike charging, and other amenities can also influence people’s shift to cycling.

June 11 - Cities Today

A blue and white Sound Transit heavy rail commuter trail with downtown Seattle skyline in background.

Judge Blocks Anti-DEI Rules for Transportation, Housing Grants

A second injunction blocks the Trump administration from enforcing new regulations for federal funding.

June 11 - The Seattle Times

San Jose, California city hall with glass dome in front of modern multistory building.

Unhoused People in San Jose Could Face Arrest if They Refuse Shelter

A policy proposed by the city’s mayor would give law enforcement the option to arrest homeless residents if they refuse three offers of housing.

June 11 - Associated Press