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zb's avatar

I like the optimism and also hope we are on the cusp of a new era in urbanism but doubt whether overturning Euclid is necessary or even desirable. The case may have distasteful undertones but fundamentally it only said that zoning is not an unconstitutional taking under the constitution. Overturning that case would require all sort of changes in property and takings law that go far beyond zoning or urbanism. Not every law you don't like is unconstitutional and we'd be better off changing the statutes rather than begging the courts to intervene.

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Jeremy Levine's avatar

Love your optimistic vision! Let us hope. Euclid rests the assumption that apartments (and even duplexes) threaten the health and safety of single-family neighborhoods—basically saying traditional American urbanism was unhealthy. A very anti-conservative case

I wrote about the history at https://open.substack.com/pub/jeremyl/p/zoning-controls-your-life-and-it?r=74nn5&utm_medium=ios

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