Litigation

2016 Presidential Election

Floridians File Lawsuit to Protect Jacksonville from the GOP

A public nuisance lawsuit filed July 8 aims to ensure that an unsafe indoor mass gathering like President Trump held in Tulsa last month, which reportedly led to coronavirus infections, does not occur during the Republican National Convention.

July 13, 2020 - WJCT News

Coal Railroad

Mountain Coal States vs. West Coast Cities

A legal battle is being waged between the coal-exporting states of Utah, Wyoming, and Montana and coastal cities in California, Oregon, and Washington that pits the power of local land-use authority against the protection of interstate commerce.

March 16, 2020 - Los Angeles Times

Epdemiology

NIMBY Politics Sway the Fight to Contain Coronavirus

A week after the Orange County city of Costa Mesa filed a restraining order against the federal government and the state of California over the use of a state-owned facility as an isolation site for coronavirus patients, the feds dropped the plan.

March 4, 2020 - Daily Pilot (Los Angeles Times)

The Embarcadero

Trial Over San Francisco Waterfront Development Height Limits Begins

The State Lands Commission filed suit shortly after San Francisco voters approved Prop. B in June 2014, requiring waterfront developments exceeding height limits to obtain voter approval rather than go through the Planning Commission process.

January 15, 2018 - San Francisco Examiner

Mt. Hood and Traffic

Oregon's New Motor Vehicle Sales Tax Litigated

The half-cent sales tax will fund new rebate programs for zero and near zero-emissions vehicles and multimodal transportation. Opponents claim the privilege tax, as it is called, violates the state constitution because revenues aren't used for roads.

November 20, 2017 - The Bulletin (Oregon)

Ghost bike in New York

City Liable For Cyclist's Death Due to Poor Road Design

Road diets, whereby the number of traffic lanes are reduced to better accommodate cyclists, can be controversial. But what of the opposite—adding lanes to better accommodate motorists? A cyclist died after such an "improvement." A lawsuit followed.

December 9, 2015 - The State Smart Transportation Initiative

San Francisco Waterfront Heights Lawsuit Moves Forward

The lawsuit would not restrict heights—just the opposite. Back in June, San Francisco voters overwhelmingly backed Proposition B to restrict building heights along the waterfront. The State Lands Commission sued.

March 27, 2015 - San Francisco Chroncile

Construction-Defects Law Troubles Developers in Colorado

Aldo Svaldi reports on the beginnings of a condo boom in Denver, which faces risks of legal setbacks in the "litigious environment" created by Colorado's controversial construction-defects law.

January 19, 2015 - The Denver Post

Plan Bay Area: Sued From the Right, Now the Left

Plan Bay Area must be doing something right as it seems to be antagonizing those on both ends of the planning spectrum. First, a libertarian group sues because of "densification", and now environmentalists sue because not enough funds go for transit.

August 22, 2013 - KQED News

Fracking Ruling May Result In More Local Bans

In what may turn out to be a landmark ruling, the right of Dryden, a New York township adjacent to Cornell University to use its zoning code to ban the controversial drilling technique known fracking was upheld by the N.Y. State Supreme Court.

February 23, 2012 - Pro Publica

CA High Speed Rail: Litigation Bonanza

If the lack of funding doesn't kill it, lawsuits in northern, southern, and now central California might just do it. California Watch analyzes the lawsuits facing the CA High Speed Rail Authority in the three regions of the state.

September 20, 2011 - California Watch via SF Chronicle

Environmental Justice Advocates Deal Major Setback To AB 32

Environmental justice advocates have been able to do in court what oil companies unsuccessfully attempted at the polls in November: deal a severe blow, if only temporarily, to CA's landmark climate law AB 32 by challenging the cap & trade provision.

March 24, 2011 - San Francisco Chronicle

U.S. Court Of Appeals Rules 'Sprawl Fee' Lawful

A U.S. Court of Appeals has upheld a 2008 District Court ruling allowing a regional air quality district to manage land use for the improvement of air quality. CA's Central Valley Air Dist. now has a lawful Indirect Source Review or sprawl fee rule.

December 9, 2010 - AP via The Fresno Bee

HOT Lane Litigation Condemned By Legislators

Arlington County's litigation of construction of three High Occupancy Toll lanes based on civil rights violation (because of exposure to air pollution of those living near I-95/395) has prompted the bi-partisan wrath of 2 of VA's top state senators.

September 27, 2010 - The Washington Post

The Dangers of Drinking and Riding

The perils of drinking and driving have been well documented - but what of drinking and riding the subway? While the latter only endangers oneself for the most part, crashes can still happen - in this piece, a $2.3 million award was overturned.

June 24, 2010 - The New York Times - N.Y. / Region

Major Setback for CA High Speed Rail

At its Dec. 3 meeting, the CA HSR Authority board members unanimously voted to 'decertify' the program EIR to comply with a judge's order in a suit brought by Peninsula cities and rail and environmental nonprofits over the corridor to the Bay Area.

December 5, 2009 - San Jose Mercury News

Jerry Brown Sues Suburb Over Housing Element

The CA Attorney General wants cities to take their housing obligations seriously - so much so that he has joined a 2006 lawsuit against the Alameda County suburb of Pleasanton over a 'housing cap' of 29,000 units approved by its voters in 1996.

July 6, 2009 - CBS Broadcasting

Key Highway Lawsuit Settled In California

One down, nine to go - that's how many hwy projects Gov. Schwarzenegger wants exempted from environmental review in order to be 'shovel ready' for the Obama stimulus. Hwy 50 was settled to the delight of enviros who negotiated a big win for transit.

January 19, 2009 - The Sacramento Bee

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Urban Design for Planners 1: Software Tools

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