Zoning, Planning & Land Use › Civil Rights

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

Could Innocent Employers Go to Jail? Sex, Gender Identity and Phoenix’s New Criminal Ordinance

Opponents of newly approved amendments to the city of Phoenix’s Human Relations Ordinance (the Ordinance) had worried that the amendments could result in criminal penalties for employers and others who might bar transgender...more

The Accessibility for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act, 2005 (the "Act") was enacted in 2005. The Act recognizes "the history of discrimination against persons with disabilities in Ontario" and has, as its primary purpose,...more

Religious Institutions Update: January 2013

In 2000, Congress enacted the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (RLUIPA), in recognition that "new, small, or unfamiliar churches in particular, are frequently discriminated...more

Koontz v. St. John's River Water Management District

Brief Amicus Curiae of Owners' Counsel of America in Support of the Petitioner

Today, on behalf Owners' Counsel of America, we filed this amicus brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012). That's the case asking whether the "essential nexus" and "rough...more

Nelson v. City of Rochester

Petition for Writ of Certiorari

This Petition for Writ of Certiorari seeks review of an intermediate New York State appellate court order upholding two "Judicial Warrants of Inspection" (App. 3-8) that issued against two occupied private homes, without...more

New Yorker Sues for Right to Post Peace Sign

A woman from the Upper West Side who wants to show her opposition to the U.S. wars in the Middle East by hanging a peace sign in her condo’s window is fighting New York City for the right to do so. Brigitte Vosse was...more

How Late Is It?

On September 28th, 2012 Cook County Associate Judge Thomas Donnelly threw out the arrests of Occupy Chicago demonstrators who had been charged with violation of the City of Chicago’s overnight park curfew. He went on to...more

Huapala Senior Care E, LLC v. City and County of Honolulu

Complaint

Huapala Senior Care E, LLC, a developer of residential housing for elderly residents of Manoa Valley, today filed a lawsuit in federal court against the City and County of Honolulu. The lawsuit charges that the City,...more

Arkansas Game & Fish Comm'n v. United States

Brief Amicus Curiae of Owners' Counsel of America

This is the amicus brief of Owners' Counsel of America in Arkansas Game & Fish Comm'n v. United States, No. 11-597 (cert. granted Apr. 2, 2012), the case in which the Federal Circuit held that flooding caused by the Corps of...more

Infobytes Special Alert: Petitioners Withdraw Major Fair Housing Case Pending Before U.S. Supreme Court

On February 10, the parties in a major fair housing case under review by the U.S. Supreme Court requested that the Court dismiss the case. As reported previously by BuckleySandler, the City of St. Paul, Minnesota withdrew...more

Magner v. Gallagher

Brief Amicus Curiae Of Pacific Legal Foundation, Center For Equal Opportunity, Competitive Enterprise Institute, And The CATO...

The federal Fair Housing Act makes it unlawful "[t]o refuse to sell or rent after the making of a bona fide offer ... or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex,...more

Property and Business Owners' Precondemnation Damages Claims Dismissed

We've covered in the past the impacts property and business owners suffer when government agencies plan for public projects. We've also covered when agency planning crosses the line and results in precondemnation damages or...more

InfoBytes Special Alert: Supreme Court Grants Petition for Writ of Certiorari in Disparate Impact Case

On November 7, 2011, the Supreme Court granted a petition for a writ of certiorari in the case of Magner v. Gallagher, 10-1032, which poses the question of whether disparate impact claims are cognizable under the Fair Housing...more

Justice Scalia Predicts Kelo v. City of New London Will be Overturned

When we think of some of the most well-recognized and controversial decisions from our judicial system, cases like Roe v. Wade (abortion) and Dred Scott v. Sandford (slavery) come to mind. Within our group of right of way...more

C&J Coupe Family Ltd Pship v. County of Hawaii

Reply Brief for the Petitioner

Today, we filed the Reply Brief (also available below) in the case that asks: after Kelo, when is eminent domain pretextual? Last month, we filed a cert petition asking the Supreme Court to review the Hawaii Supreme...more

C&J Coupe Family Ltd Pship v. County of Hawaii

Petition for a Writ of Certiorari

This case presents the opportunity for the U.S. Supreme Court to firmly establish what the majority and Justice Kennedy’s concurring opinions in Kelo v. City of New London, 545 U.S. 469 (2005) strongly suggested, but did not...more

Knight v. Twp. of Shamong, et al

N.J. App. Div. Ruling: Knight v. Twp. of Shamong, et al

Archer & Greiner, P.C. scores pro bono win for girls softball league....more

Exaction, Extortion or Illegal? Mandatory Dedication of Open Space Parcel Held Unlawful

Score One For Property Rights Advocates Massachusetts has the well-deserved reputation of being one of the most challenging states to permit a new housing development due to its myriad of rules, regulations and zoning...more

Guggenheim v. City of Goleta, California

Brief of Manufactured Housing Institute as Amicus Curiae in Support of the Petitioners

Today, on behalf of the Manufactured Housing Institute, we filed this amicus brief (also available below) in the U.S. Supreme Court in Guggenheim v. City of Goleta, No. 10-1125 (petition for cert. filed Mar. 11, 2011). In...more

Mills v. City of Hazelwood

Petition

Each February and March for the past six years Caitlin Mills, 16, and Abigail Mills, 14, have put a card table in front of their home in Hazelwood, Missouri, and sold Girl Scout cookies to drivers passing by. This year,...more

203 17th Realty LLC et al. v. City of New York

Complaint and Jury Demand

Complaint against the City of New York seeking various forms of relief including for civil rights violations under 42 USC section 19893 by various New York City building owners. The plaintiffs have been assessed with...more

Jump Start for 2011

In this issue: High Court Asked to Broaden Scope of Prop.; Tribe's Suit Over Tejon Ranch is Dismissed; Solar Project Firms See a Wave of Legal Challenges; Angels Fans Must Build 'Class' to Proceed; and more... Please see...more

Kauai Springs, Inc. v. Planning Commission of the County of Kauai

Appellee Kauai Springs, Inc.'s Response to Brief of Amici Curiae Malama Kauai and Hawaii's Thousand Friends

Issues: automatic approval of zoning permits; public trust....more