Judicial Review as a Second Stage of Land Use Approvals: The Case of Patrick Farm

Abstract

In the United States, courts can review zoning decisions and overturn local approvals. Judicial review doesn’t just stall projects, it alters land use governance. This paper uses a case study approach to investigate a highly litigated suburban multifamily development project. The case demonstrates how courts have become a de facto second stage of approvals. This has important implications for planning. Courts privilege abstract, technical, and procedural arguments and they elevate different land use actors to the fore. Pervasive judicial review also imbues planning work with future legal import, changing practices within the municipal system.