Charlie Gardner
@charlescgardner.bsky.social
Lawyer with a fascination for cities. Now researching zoning law and land use with the Mercatus Center. "OldUrbanist" forever.
Yes, absolutely true. The land use system lets you get away with a lot more provided you're doing it in a motor vehicle, not the least of which is simply occupying urban space.
July 27, 2025 at 8:29 PM
Yes, absolutely true. The land use system lets you get away with a lot more provided you're doing it in a motor vehicle, not the least of which is simply occupying urban space.
There's also the general lack of sufficient pedestrian traffic to patronize a kiosk/stall food culture, which is downstream of urban design. A food truck is a roving kiosk that seeks out pedestrian gatherings, which in most of the US are scheduled rather than spontaneous.
July 27, 2025 at 8:05 PM
There's also the general lack of sufficient pedestrian traffic to patronize a kiosk/stall food culture, which is downstream of urban design. A food truck is a roving kiosk that seeks out pedestrian gatherings, which in most of the US are scheduled rather than spontaneous.
It doesn't work either as a matter of scarce judicial resources or (scarce) common sense to have our state judges have to produce a master's thesis on each apartment building.
July 11, 2025 at 6:36 PM
It doesn't work either as a matter of scarce judicial resources or (scarce) common sense to have our state judges have to produce a master's thesis on each apartment building.
Ninety-eight pages. Wonder how many hours went into it.
July 11, 2025 at 5:59 PM
Ninety-eight pages. Wonder how many hours went into it.
A judge can agree to reconsider a decision already issued, but the grounds are usually narrow -- typically that essential facts or law were overlooked. It's not a chance to make the same arguments over again.
July 10, 2025 at 1:42 AM
A judge can agree to reconsider a decision already issued, but the grounds are usually narrow -- typically that essential facts or law were overlooked. It's not a chance to make the same arguments over again.
Tennis has the advantage of a simple structure that's hard to manipulate and keeps the focus on the gameplay rather than the rulebook. One law review article (will try to find it) observed that football, with its parade of penalties and disputed calls, naturally reflects a more litigious mindset.
July 9, 2025 at 6:12 PM
Tennis has the advantage of a simple structure that's hard to manipulate and keeps the focus on the gameplay rather than the rulebook. One law review article (will try to find it) observed that football, with its parade of penalties and disputed calls, naturally reflects a more litigious mindset.
Yes, in a civil suit, the remedy on default judgment is a hearing in damages. You don't automatically get the money you are claiming. You still have to demonstrate that you were actually harmed, and what the value of that harm is.
July 1, 2025 at 3:38 PM
Yes, in a civil suit, the remedy on default judgment is a hearing in damages. You don't automatically get the money you are claiming. You still have to demonstrate that you were actually harmed, and what the value of that harm is.
Practice is similar in CT. Filings moot motions for default, and actual defaults are routinely vacated even after entry. Courts are in the business of justice, not gotchas.
July 1, 2025 at 1:52 PM
Practice is similar in CT. Filings moot motions for default, and actual defaults are routinely vacated even after entry. Courts are in the business of justice, not gotchas.
To obtain a dismissal of a contract case in NY courts, I had to go through three unopposed and unanswered orders over eight months specifying that the remedy for noncompliance was default. And even then you can usually move to vacate a default or judgment.
July 1, 2025 at 1:43 PM
To obtain a dismissal of a contract case in NY courts, I had to go through three unopposed and unanswered orders over eight months specifying that the remedy for noncompliance was default. And even then you can usually move to vacate a default or judgment.
Defaulting an entire case for failure to timely file an amended pleading is virtually unheard of in my experience outside VA. Typically the motion for default prompts the tardy party to file the pleading, the motion is moot, and the case proceeds.
July 1, 2025 at 1:30 PM
Defaulting an entire case for failure to timely file an amended pleading is virtually unheard of in my experience outside VA. Typically the motion for default prompts the tardy party to file the pleading, the motion is moot, and the case proceeds.
And even for the economics of the local school bus system. Practically speaking, almost every development in America is a transit-oriented development in so far as most are required to establish public school transportation.
June 5, 2025 at 1:24 PM
And even for the economics of the local school bus system. Practically speaking, almost every development in America is a transit-oriented development in so far as most are required to establish public school transportation.
If it is, no one bothered to say it, so we can only speculate. But even in immediate practical terms it is an unfunded mandate, as it requires the town to maintain the property in perpetuity.
June 5, 2025 at 12:36 PM
If it is, no one bothered to say it, so we can only speculate. But even in immediate practical terms it is an unfunded mandate, as it requires the town to maintain the property in perpetuity.
The fiscal analysis says the state impact is "none" for condemning around a million dollars' worth of development rights without compensation. I guess they assume municipal corporations cannot file takings claims against the state?
June 5, 2025 at 12:27 PM
The fiscal analysis says the state impact is "none" for condemning around a million dollars' worth of development rights without compensation. I guess they assume municipal corporations cannot file takings claims against the state?
Oh, it's not just that parcel, it's also the 35 acres or so to the east
June 4, 2025 at 9:04 PM
Oh, it's not just that parcel, it's also the 35 acres or so to the east
It's between the sewage treatment plant and the railroad tracks
June 4, 2025 at 9:03 PM
It's between the sewage treatment plant and the railroad tracks
It's sponsored by our diehard "local control" state representatives who are currently pleading Lamont to veto HB 5002. Their defense is that the town asked for it.
June 4, 2025 at 8:56 PM
It's sponsored by our diehard "local control" state representatives who are currently pleading Lamont to veto HB 5002. Their defense is that the town asked for it.
It's a standalone bill, SB 1562
June 4, 2025 at 8:05 PM
It's a standalone bill, SB 1562
Newtown's state reps introduced a bill, which has passed both chambers and is with Lamont, to override Newtown's local zoning and mandate that this property (where the senior housing was proposed) be left vacant or else the state will seize it without compensation.
June 4, 2025 at 7:27 PM
Newtown's state reps introduced a bill, which has passed both chambers and is with Lamont, to override Newtown's local zoning and mandate that this property (where the senior housing was proposed) be left vacant or else the state will seize it without compensation.
This one tops it I think? The reform worked, Bridgeport saw badly-needed residential investment, and the reaction is "we don't want that to ever happen again."
June 4, 2025 at 1:53 PM
This one tops it I think? The reform worked, Bridgeport saw badly-needed residential investment, and the reaction is "we don't want that to ever happen again."
Other notable changes include 1) prohibiting discrimination against single-wide manufactured homes, 2) prioritizing discretionary funding for municipalities that zone for TOD, 3) allowing some appellants under 8-30g to recoup attorney's fees and 4) new fair share rules and rent regulations.
May 31, 2025 at 3:11 PM
Other notable changes include 1) prohibiting discrimination against single-wide manufactured homes, 2) prioritizing discretionary funding for municipalities that zone for TOD, 3) allowing some appellants under 8-30g to recoup attorney's fees and 4) new fair share rules and rent regulations.
The bill also overhauls the century-old zoning protest petition provision, an invention of the authors of the SSZEA, by increasing the objector threshold from 20% to 50% and reducing commission petition override from supermajority to simple majority.
May 31, 2025 at 3:11 PM
The bill also overhauls the century-old zoning protest petition provision, an invention of the authors of the SSZEA, by increasing the objector threshold from 20% to 50% and reducing commission petition override from supermajority to simple majority.