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LOUISIANA RECORD

Friday, November 8, 2024

Housing developer files lawsuit against City of New Orleans alleging discriminatory zoning tactics

Federal Court
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Unsplash/Mark Potterton

NEW ORLEANS – A housing developer has filed a lawsuit against the City of New Orleans, claiming the establishment of an Interim Zoning District obstructs the development of an affordable housing project.

Stanton Square, LLC filed the lawsuit in the U.S. District Court of the Eastern District of Louisiana against the City of New Orleans, the New Orleans City Council, and New Orleans City Councilmember Freddie King, III, citing violations of the Fair Housing Act of 1968 and perpetuating segregation.

According to court documents, Stanton Square contends that the defendants' discriminatory zoning tactics, including the establishment of an Interim Zoning District and the denial of permits for The Village, have resulted in the obstruction and delay of the development of affordable housing.

An IZD is a temporary zoning designation that can be implemented by a local government to address specific development concerns or issues within a particular area. It serves as a tool to halt or regulate certain types of land use or development until comprehensive zoning regulations or changes can be established. The lawsuit alleges that the defendants established an IZD to temporarily prohibit the development of multi-family residential homes in Suburban Multi-Family Residential districts. This action effectively placed a moratorium on the development of The Village, the affordable housing apartment complex proposed by Stanton Square. 

The plaintiff alleges that the establishment of the IZD was a discriminatory measure that targeted and obstructed the development of the affordable housing complex. The plaintiff claims that the defendants' actions perpetuate segregation patterns and deprive minorities of housing opportunities.

Stanton Square is seeking a judgment for damages plus attorneys' fees, interest, court costs and any other relief the court deems proper. Stanton Square is also seeking an injunction against the defendants to prevent them from continuing further actions that would wrongfully deprive the plaintiff of its constitutional rights. Additionally, Stanton Square is seeking a writ of mandamus to require the defendants to dissolve the IZD.

The plaintiff is represented in this case by attorneys Randall A. Smith and Reagan R. Wilty of Smith & Fawer, LLC in New Orleans and Yiyang Wu and David Depriest of Relman Colfax, PLLC in Washington, D.C.

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