Legal Briefs

The NAHB Legal Advocacy Program is tasked with going to court on behalf of the nation’s builders, remodelers and developers to protect the interests of the housing industry against unlawful government action. Through the Office of the General Council, Legal Advocacy carries out its tasks by bringing suit directly, such as in challenging administrative agency regulations, or filing “friend of the court” briefs in various federal and state courts on diverse issues from construction liability and land use to “waters of the United States” rulings. We want to keep housing affordable and plentiful for tomorrow’s home owners.

Below you'll see a handful of the many cases in which we've participated. But you can use site search to seek out particular cases, legal issues (e.g. takings), specific courts (e.g., Texas Supreme Court, 3rd Circuit Court of Appeals), or types of involvement (e.g., amicus).

Pratt v. California Coastal Commission (Test for Takings)

Developer Charles Pratt argued that the approval of a coastal development permit gave him the right to proceed with a pr...

Stop the Beach Renourishment v. Florida Department of Environmental Protection

Beachfront property owners challenged a Supreme Court of Florida decision that upheld a state statute which allowed the ...

Pennsylvania Manufacturers' Ass'n Ins. Co. v. Dargan Constr. Co. (Insurance Coverage)

Dargan was the general contractor for three hotel construction projects. An underlying action claimed that the buildings...

State of Mississippi, et al. v. U.S. Environmental Protection Agency (Ozone NAAQS)

On March 12, 2008, EPA issued a new national ambient air quality standard (NAAQS) for ozone (2008 NAAQS). The revision l...

No. 2874 VFW v. City of Milwaukee (Property Valuation)

In this case, a building was condemned by a local redevelopment authority. When a court valued the property, it applied ...

Rockstead v. City of Crystal Lake (Takings Jurisdiction)

The City of Crystal Lake operated stormwater detention ponds in a manner which caused plaintiffs' property to flood. The...

Glenmont Hills Assocs. v. Montgomery County, MD

Montgomery County, Md., in suburban Washington, D.C., is a jurisdiction with a local ordinance that prevents housing dis...

Northshore Investors v. City of Takoma

After a multi-year battle by Northshore to build a new smart growth development on a failing private golf course, an int...

Staufer v. Richmond American Homes of Colorado (Constitutional Challenge)

As anticipated, a state Notice and Opportunity to Repair law passed by the Colorado legislature was challenged on legal ...

AEP v. Connecticut (Climate Change)

The plaintiff states and trusts sued the utilities in federal district court, claiming they were contributing to a "publ...

Stanley Martin Companies, Inc. v. Ohio Casualty Group (Insurance Coverage)

During 1999 and 2000, Stanley Martin was the general contractor for the construction of 24 duplex townhouses in a develo...

Winter v. NRDC (Injunctive Relief)

This case concerned the issuance of court injunctions to stop projects that may have some undefined effect on protected ...

Gerhart v. Lake County, Montana (Definition of Property)

A Montana builder's application for a road approach permit was denied without justification by local officials. Neighbor...

San Remo Hotel v. San Francisco (Ripeness and Abstention in Takings Claims)

San Remo Hotel filed a state court action alleging that the city’s ordinance restricting the long-standing use of the pr...

Hartrick v. Great American Lloyds Insurance Company

In this insurance coverage case, home owners brought an action against their builder’s CGL insurer to recover on a judgm...