NIMBYs cite a 155-year-old law to thwart a San Francisco project
A Reconstruction-era civil rights statute is the sole federal hook in a lawsuit over homes above a waterfront Safeway
A group of opponents to a new housing project in San Francisco is citing a 155-year-old law, originally enacted during the Reconstruction era, in an effort to block the development of homes above a waterfront Safeway. The law in question, which has been used in various contexts over the years, is being leveraged by the NIMBYs (Not In My Backyard) as a federal hook to challenge the project.
This case matters because it highlights the creative ways that opponents of development can use existing laws to delay or block projects. In the context of the ongoing housing affordability crisis in San Francisco and other cities, this lawsuit could have significant implications for the availability of new housing units. The use of a Reconstruction-era civil rights statute in this case also underscores the complexities and nuances of the US legal system.
What's next to watch is how the courts interpret the applicability of this 155-year-old law to the current development project. Will the lawsuit succeed in blocking the project, or will it be dismissed as an overly creative attempt to thwart development? Additionally, will this case set a precedent for future development disputes in San Francisco or other cities, and what implications might that have for housing affordability and supply in the region?
Originally reported by housingwire.com. ASIDNews adds analysis for real estate & property readers.