Judges Are Housing’s Next Bottleneck

Updated: 2025.09.01 1M ago 1 sources
Legislatures in red and blue states are passing pro‑building laws, but local courts and litigation under environmental, historic, and procedural statutes are stalling projects and citywide plans. Opponents exploit fees, parking rules, historic designations, and creative lawsuits to force 'whack‑a‑mole' responses. The next frontier is changing judicial presumptions, standing, and remedies in land‑use cases so state reforms actually bite. — It shifts the housing debate from passing laws to reshaping judicial doctrine and enforcement so supply can materialize.

Sources

YIMBYs beat the politicians. Now they have to beat the judges.
David Schleicher 2025.09.01 100% relevant
A district court halted Minneapolis’s pro‑housing plan after extensive legislative process; the piece catalogs tactics like strategic historic preservation and even 'mountain lion habitat' claims to evade state lot‑split laws.
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