Charlie Gardner

Appreciative of Jason Sorens' review of the paper that @ebwhamilton.bsky.social and I authored on addressing regulatory takings through legislation as an alternative to litigation. Getting these laws "just right" is a challenge, and Jason has some further suggestions for improvement.

Yes, absolutely true. The land use system lets you get away with a lot more provided you're doing it in a motor vehicle, not the least of which is simply occupying urban space.

There's also the general lack of sufficient pedestrian traffic to patronize a kiosk/stall food culture, which is downstream of urban design. A food truck is a roving kiosk that seeks out pedestrian gatherings, which in most of the US are scheduled rather than spontaneous.

It doesn't work either as a matter of scarce judicial resources or (scarce) common sense to have our state judges have to produce a master's thesis on each apartment building.

Ninety-eight pages. Wonder how many hours went into it.

A judge can agree to reconsider a decision already issued, but the grounds are usually narrow -- typically that essential facts or law were overlooked. It's not a chance to make the same arguments over again.

Tennis has the advantage of a simple structure that's hard to manipulate and keeps the focus on the gameplay rather than the rulebook. One law review article (will try to find it) observed that football, with its parade of penalties and disputed calls, naturally reflects a more litigious mindset.

Arizona's Prop 207 is probably the most enduring and effective of all the post-Kelo state laws and amendments. Although 207 was concerned with property rights rather than housing supply, in the article @ebwhamilton.bsky.social and I explain how it has provided a bulwark against downzonings.

Yes, in a civil suit, the remedy on default judgment is a hearing in damages. You don't automatically get the money you are claiming. You still have to demonstrate that you were actually harmed, and what the value of that harm is.

Practice is similar in CT. Filings moot motions for default, and actual defaults are routinely vacated even after entry. Courts are in the business of justice, not gotchas.

To obtain a dismissal of a contract case in NY courts, I had to go through three unopposed and unanswered orders over eight months specifying that the remedy for noncompliance was default. And even then you can usually move to vacate a default or judgment.

Virginia lawyers, is this typical of litigation practice in VA -- to default and enter judgment against a defendant for a single untimely filing? This is essentially unheard of in CT and NY practice.

Defaulting an entire case for failure to timely file an amended pleading is virtually unheard of in my experience outside VA. Typically the motion for default prompts the tardy party to file the pleading, the motion is moot, and the case proceeds.

And even for the economics of the local school bus system. Practically speaking, almost every development in America is a transit-oriented development in so far as most are required to establish public school transportation.

If it is, no one bothered to say it, so we can only speculate. But even in immediate practical terms it is an unfunded mandate, as it requires the town to maintain the property in perpetuity.

The fiscal analysis says the state impact is "none" for condemning around a million dollars' worth of development rights without compensation. I guess they assume municipal corporations cannot file takings claims against the state?

Oh, it's not just that parcel, it's also the 35 acres or so to the east

It's between the sewage treatment plant and the railroad tracks

It's sponsored by our diehard "local control" state representatives who are currently pleading Lamont to veto HB 5002. Their defense is that the town asked for it.

It's a standalone bill, SB 1562

Newtown's state reps introduced a bill, which has passed both chambers and is with Lamont, to override Newtown's local zoning and mandate that this property (where the senior housing was proposed) be left vacant or else the state will seize it without compensation.

This one tops it I think? The reform worked, Bridgeport saw badly-needed residential investment, and the reaction is "we don't want that to ever happen again."

Amazing to see this, and crucially it also addresses lot width (frontages). The lot size provision says no mandates of greater than 3k square feet, but if the width and depth provisions are to be read conjunctively, the largest dimensions a locality could mandate would be 30'x 75', or 2,250 sq. ft.

Other notable changes include 1) prohibiting discrimination against single-wide manufactured homes, 2) prioritizing discretionary funding for municipalities that zone for TOD, 3) allowing some appellants under 8-30g to recoup attorney's fees and 4) new fair share rules and rent regulations.

The bill also overhauls the century-old zoning protest petition provision, an invention of the authors of the SSZEA, by increasing the objector threshold from 20% to 50% and reducing commission petition override from supermajority to simple majority.

The bill has several market-based housing supply components, including 1) a residential in commercial component for "middle housing" (cottage clusters, townhouses and multifamily of up to six units) and 2) abolishing parking minimums for developments with less than 24 units.

Connecticut's wide-ranging housing bill, HB 5002, cleared the state senate 20-15 in the early morning hours after numerous amendments that would have weakened it were rejected. Four Democrats joined all 11 Republicans in opposition.

Connecticut just adopted a MASSIVE pro-housing law that:
- Ends costly parking mandates (1st state east of the Rockies to do so)
- Incentives transit oriented development & fair share
- Allows middle housing in commercial zones
- Allows manufactured homes everywhere

Go @desegregatect.bsky.social!

For once, if we're going to use the unhelpful term "sprawl" at all, I'd like to see it directed at this: large lots leapfrogging outwards and monopolizing a lush countryside, not a Dallas MUD built at 8 units to the acre.

To the extent that "sprawl" is a pejorative directed at relatively dense gridded single-family development in Sunbelt cities (what always seems to be shown in accompanying photos), then yes, more, but hopefully better also. Which is what the New Urbanism has been trying to do for 30 plus years.