Center for Powell Crossing v. City of Powell (Fourteenth Amendment/Due Process)

Court

U.S. Dist. - Ohio Southern

NAHB Involvement

Amicus

An NAHB member purchased land and received approval to build a multifamily, mixed-use development in compliance with applicable zoning laws. Following approval by the city council, three individuals launched a campaign to stop multifamily housing construction in Powell, which included the inclusion of a referendum on the ballot (Charter Amendment), which passed in November 2014. Prior to the election, the developer challenged the Charter Amendment at the State Supreme Court, which found it to be unconstitutional, but unripe prior to voter approval. The developer has now brought a case in federal district court, challenging the Charter Amendment on constitutional grounds.

The Legal Action Committee initially deferred consideration of this application to allow NAHB staff to seek a better understanding of the member's rationale for bringing the case in federal, as opposed to state, court. Upon further review, the LAC provided financial support as well as the promise of a supporting amicus brief.

NAHB submitted its amicus brief on June 2, 2015. The city filed a response, stating that it did not oppose the submission of the amicus brief. An opposing amicus, however, did file a brief opposing the NAHB brief.

NAHB filed another response on July 8 and we are now awaiting the judge's decision as to whether NAHB's amicus will be accepted.