Land use reform gets another day in court

This is an excerpt from the Sept. 24 edition of the Austin Politics Newsletter. To get daily breaking news and analysis on city politics, click here to subscribe. 

Eighteen months after Travis County District Judge Jan Soifer essentially blocked City Council from moving forward on a new land development code, the city of Austin will get a chance to appeal.

Texas’s Fourteenth Court of Appeals in Houston will hear oral arguments on the case, Acuna v. City of Austin, on Nov. 17 via Zoom.

The three judge panel that will hear the case include Republicans Tracy Christopher and Randy Wilson and Democrat Jerry Zimmerer. I know next to nothing about the judges’ politics besides their partisan affiliations. And frankly, whatever I could learn about the judges may not give me much insight into how they will rule on this case, where traditional ideological divisions are not particularly useful: there are liberals and conservatives on both sides.

Again, it’s hardly clear that City Council will be able to push through a comprehensive LDC rewrite even if it gets a favorable court ruling. The clear majority in favor of reform that existed last year evaporated with the defeat of Jimmy Flannigan and the departure of Delia Garza, both of whom were firmly pro-reform. Their successors, Mackenzie Kelly and Vanessa Fuentes, respectively, have more ambiguous stances on the issue.

But regardless of what is immediately possible on Council, a favorable ruling for the city would bode very well for the ability of Austin and other Texas cities to address the housing, transportation and environmental challenges created by 75 years of sprawl-oriented planning.

It would be fitting if a court in Houston, which has no zoning and consequently is home to a much greater diversity of low-cost housing, is what allows Austin to finally address its housing crisis.

This is an excerpt from the Sept. 24 edition of the Austin Politics Newsletter. To get daily breaking news and analysis on city politics, click here to subscribe. 

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