Big Trouble—Little Governments
While asserting claims in federal court against local government is a powerful tool, it is one that should be used sparingly and carefully. Like most other litigation, such claims come with significant risks and financial costs.
April 12, 2024 at 11:03 AM
7 minute read
All politics is local. Or so I have been told. If you ever tried to build something without the full-throated support of the local government, either the elected supervisors or the planning commissions that review various zoning and land use applications, you know how true that can be. Local officials wield incredible power over what gets built—and who builds it. Even a simple project in line with the current zoning or land-use requirements can become an uphill battle if one or more of the supervisors decide to make life difficult, and they often do so for a variety of reasons. This sometimes reflects favoritism from the elected officials seeking to promote one project over another. Other times, entrenched local leaders used to get their way and seek to enforce their personal preferences as though they have the force of law. This can be particularly confusing for applicants, who may understandably interpret any comment from the local government officials as a requirement, even if they have no basis in the law. In extreme cases, outright corruption, prejudice, or personal grudges might be to blame. We have seen it all.
While in some settings, the "squeaky wheel gets the grease," the opposite is often true when it comes to local government. Applicants who push back, call out bad behavior, or attempt to enforce their rights often find their projects receiving greater scrutiny and uncharitable interpretations or local ordinances and building codes. Of course, most officials will not come out and advertise their improper motives, and the intricacies of local ordinances, building codes, and review processes make it easy to find a pretext for their opposition.
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