CASE FILES · THE PRECEDENT LIBRARY

Every case file starts in the public record.

Name: Data Center Entitlement Risk Index Q1 2026
Creator: RealClear
Published: 2026-03-29

221 curated case files spanning data centers, housing, retail, industrial, energy, and specialty uses, backed by 1,200+ source documents. The record your team should already have checked.

When RealClear screens your site, the cited review pulls the relevant comparable fights and checks them against the current local record.

Curated Case Files 221Source Documents 1,200+States 25+Covered Verticals 6

Community risk review: 31 priority files name the specific opposition actors and their posture. The rest surface the opposition themes the public record supports, without naming individuals.

Showing 221 of 221 case files

Data Centers

56 cases

Hyperscale campuses, colocation facilities, and edge deployments where zoning, power, water, noise, and moratorium risk collide with serious capital.

Browse the Data Centers vertical

Data CenterSCORE 92/100

Seven Expansions. Fifteen Years. Zero Opposition.

Pryor, Oklahoma

Google has expanded 7 times across 800 acres inside MidAmerica Industrial Park — a state-owned trust with regulatory sovereignty. $13B+ committed. Zero documented community opposition. School property values up 957%.

Data CenterState TrustBy-RightZero Opposition

Outcome · ApprovingOperational and expanding; 7th expansion underway

Data CenterSCORE 90/100

$10 Billion. 1,500 Acres. By-Right. Unanimous.

Lebanon, Indiana

Meta is building a $10B, 1 GW data center campus on 1,500 acres in Indiana's LEAP Innovation District — by-right, with unanimous council votes, $1B+ in state backing, and Eli Lilly as anchor tenant. Eighty miles from where Google withdrew.

Data CenterBy-RightPUDState-Backed

Outcome · ApprovingGroundbreaking Feb 2026; construction underway

Data CenterSCORE 90/100

$15 Billion. Four Hyperscalers. One Purpose-Built Corridor.

New Albany, Ohio

New Albany created a Technology Manufacturing District zoning classification specifically for its 5,000-acre tech corridor. Meta, Google, AWS, and Microsoft have committed over $15B. Meta's Prometheus is the world's first gigawatt-scale data center cluster.

Data CenterTMD ZoningHyperscaleSilicon Heartland

Outcome · ApprovingOperational; corridor expanding

Data CenterSCORE 88/100

By-Right. Purpose-Built. $3B+ Committed. Then the Rules Changed.

Henrico County, Virginia

QTS built a $3B+ data center campus by-right in Henrico's White Oak Technology Park — subsea cable NAP, $44M county infrastructure, $60M housing trust fund. Then the county unanimously ended by-right DC development in June 2025.

Data CenterBy-RightInfrastructure InvestmentPolicy Change

Outcome · ApprovingOperational and expanding; by-right eliminated for new entrants

Data CenterSCORE 85/100

Welcomed Here. Moratorium Eight Miles Away.

Douglas County, Georgia

Google has operated in Lithia Springs since 2003. DC BLOX closed $1.15B green financing in 2025 for a 180 MW campus. Douglasville approved $98M in tax incentives while neighboring DeKalb County enacted a data center moratorium 8 miles away.

Data CenterTax IncentivesRegional ContrastWelcoming

Outcome · ApprovingApproved and expanding; DeKalb contrast shows regional divergence

Data CenterSCORE 88/100

$20 Billion. Four Hyperscalers. Twelve Years of Continuous Construction.

Des Moines Metro, Iowa

Iowa's permanent sales tax exemption for $200M+ investments created a $20B+ data center corridor with Meta, Microsoft, Google, and Apple — and zero organized opposition across twelve years of continuous construction.

Data CenterTax IncentivesHyperscaleCorridor Effect

Outcome · ApprovingApproved — corridor continues expanding

Data CenterSCORE 12/100

$1.5 Billion Blocked Over Water.

San Marcos, Texas

A $1.5B data center campus was denied twice — first by P&Z, then by City Council — because nobody checked the Edwards Aquifer constraints before filing.

Data CenterRezoningWater Scarcity

Outcome · BlockingDenied 5-2 by City Council

Data CenterSCORE 2/100

‘By-Right’ Evaporated When the County Enacted a Moratorium.

DeKalb County, Georgia

Multiple DCs proposed in Light Industrial zones. County issued zoning certification letters. Then enacted a 100-day moratorium, extended through June 2026. A certification letter is not a building permit.

Data CenterMoratoriumEnvironmental Justice

Outcome · BlockingMoratorium through June 2026

Data CenterSCORE 35/100

Already Approved. Can’t Get Power. Rules Changed Mid-Build.

Leesburg, Loudoun County, Virginia

Three approved data centers couldn’t get their substation permitted. Planning Commission denied it. Then Loudoun eliminated by-right DC development entirely. The policy environment changed mid-project.

Data CenterPolicy ChangeInfrastructure

Outcome · BlockingSubstation denied; by-right development eliminated

Data CenterSCORE 88/100

The $1.54 Million Exemption That Became a $1.6 Billion Program.

Virginia Statewide

Virginia’s 2009 data center sales tax exemption created Data Center Alley — 200+ facilities, the world’s largest concentration. The Department of Taxation projected $1.54M/year. FY2025 cost: $1.6 billion. JLARC found 48 cents per dollar return. The political consensus is fracturing.

Data CenterTax IncentivePolicyJLARCVirginia

Outcome · ApprovingFramework under bipartisan reform pressure

Data CenterSCORE 62/100

3-2 in Favor Wasn’t Enough. The Supermajority Trap.

Santa Clara, California

A 244,070 SF data center won 3-2 at Planning Commission — but needed 4 votes from a 5-member body. Technically denied. City Council reversed unanimously on appeal.

Data CenterSupermajorityPlanning Commission

Outcome · ApprovingDenied at Commission; approved on Council appeal

Data CenterSCORE 22/100

$24.7B Campus Voided by a Newspaper Ad.

Prince William County, Virginia

A $24.7B, ~2,100-acre data center campus was approved 4-3-1 after 27+ hours of testimony. A circuit court judge voided the entire rezoning because the county published legally deficient newspaper ads. $1.66M in legal fees as of December 2025, with $400K additional authorized.

Data CenterProcedural ErrorRezoning

Outcome · BlockingRezoning voided by circuit court

Data CenterSCORE 35/100

Cut the Project by 70%. Still Got Recommended for Denial.

Henrico County, Virginia

DC Blox scaled its campus from $500M and 195K SF to a single 70K SF building to reduce community impact. Staff still recommended denial — diesel generator noise. Application withdrawn November 2024.

Data CenterNoiseStaff Denial

Outcome · BlockingWithdrawn after staff denial recommendation

Data CenterSCORE 22/100

Denied. Vested Rights Rejected. Pivoted to Warehouses.

Varina, Henrico County, Virginia

Wagner’s Darbytown Road data center was denied by P&Z — crowd showed up in matching shirts. Vested rights claim rejected by BZA. Developer pivoted to 7 warehouses, 1.8M SF. Three entitlement traps in one case.

Data CenterVested RightsPivot

Outcome · BlockingDenied; pivoted to warehouse use

Data CenterSCORE 42/100

Tucson Said No. The Developer Crossed the City Line.

Tucson, Arizona

1,000+ residents packed the meeting. Tucson unanimously rejected ‘Project Blue’ over water usage — more than 4 golf courses. The developer moved to unincorporated Pima County and got approved. Tucson passed a new water ordinance in response.

Data CenterWater ScarcityJurisdiction Shopping

Outcome · ContestedDenied in city; approved in county

Data CenterSCORE 82/100

Unanimous. $2.1 Billion. But the Water Question Won’t Go Away.

South Temple, Bell County, TX

Rowan Digital’s $2.1B+ campus won unanimous city council and county approval — annexation, rezoning, and tax abatement in one session. But the city withheld water records, and Central Texas water stress makes this a case to watch.

Data CenterWater TransparencyTax AbatementRural Texas

Outcome · ApprovingApproved unanimously; water controversy ongoing

Data CenterSCORE 18/100

A City Sued Its Own County to Stop a $10B Data Center.

Imperial County, California

The county issued a ministerial grading permit for a $10B, 330MW data center — no CEQA, no hearing, no CUP. The City of Imperial sued its own county. A state legislator called for review. Litigation ongoing.

Data CenterCEQAMinisterial Permit

Outcome · BlockingCity sued county; litigation ongoing

Data CenterSCORE 45/100

The County That Welcomed Data Centers Rewrote the Rules.

Prince William County, Virginia

Prince William County welcomed data centers for years, then reversed course under political pressure in 2025. New height limits, setback requirements, and noise standards. Multiple projects delayed or killed.

Data CenterPolicy ChangeMoratorium

Outcome · ContestedSweeping restrictions enacted

Data CenterSCORE 30/100

Small Town Rejects Big Tech.

Culpeper County, Virginia

Data center proposals in agricultural areas generating fierce rural opposition. Water usage, power grid strain, loss of farmland character. Multiple proposals stalled or withdrawn in a county that doesn’t want hyperscale.

Data CenterRural OppositionAgricultural

Outcome · BlockingMultiple proposals stalled/withdrawn

Data CenterSCORE 50/100

Noise Complaints Killed the Expansion.

Chesterfield County, Virginia

The data center got built. The cooling systems ran 24/7. Neighbors complained. Community organized against expansion. Getting the first approval isn’t the finish line — operational impacts create entitlement risk long after.

Data CenterNoisePost-Approval Risk

Outcome · ContestedExpansion blocked by community opposition

Data CenterSCORE 30/100

Amazon Paid $168M for Land. The Next Board Tried to Take It Back.

King George County, Virginia

Amazon paid $168M for 893 acres after a 4-0 rezoning approval. The next election changed the board — new board canceled the performance agreement and initiated downzoning. Amazon filed an 878-page circuit court petition. Litigation ongoing.

Data CenterElection RiskDownzoning

Outcome · BlockingPerformance agreement canceled; circuit court litigation

Data CenterSCORE 2/100

Google Pulled Its $1B Data Center Minutes Before the Vote

Indianapolis, IN

467.66 acres of Franklin Township farmland. Organized opposition built through the hearing process. Google withdrew before the council vote.

data centergooglecommunity oppositionfarmland

Outcome · BlockingWithdrawn before vote — Sept 2025

Data CenterSCORE 28/100

40 of 49 Residents Said No. Microsoft Cancelled.

Caledonia, WI

Microsoft sought 244 acres in rural Wisconsin. 40 of 49 speakers opposed. Microsoft withdrew citing 'community feedback.'

data centermicrosoftcommunity oppositionwisconsin

Outcome · BlockingCancelled — Oct 2025

Data CenterSCORE 70/100

Foxconn Promised $10 Billion and 13,000 Jobs. Microsoft Actually Delivered.

Mount Pleasant, WI

Mount Pleasant spent $1.2B building infrastructure for Foxconn's failed $10B factory. Microsoft acquired the site, invested $13.3B with zero public subsidies, 2,300 union construction jobs, and 15+ buildings approved. The Midwest's largest data center campus rises from a cautionary tale.

data centermicrosoftfoxconnzero subsidyunion laborwisconsin

Outcome · ApprovingOperational — Phase 1 live, 15 buildings approved Jan 2026

Data CenterSCORE 72/100

Air-Cooled. $1 Billion. Approved — But Mesa Is Tightening the Rules.

Mesa, AZ

Google committed to air-cooling in drought-prone Arizona, secured a 25-year GPLET tax incentive, and got a $1B data center campus approved on 185+ acres. Phase I went operational July 2025. Then Mesa adopted DC-specific zoning regulations, grandfathering Google but restricting new entrants.

Data CenterGoogleWater RiskGPLETAir-CoolingRegulatory Shift

Outcome · ApprovingApproved and operational — regulatory tightening for new entrants

Data CenterSCORE 40/100

Google Annexed the Land Into a Different City

Linn County, IA

Linn County enacted the strictest data center ordinance in the nation. Google's response: annex 545 acres into tiny Palo, 2 miles away.

data centergooglejurisdiction shoppingwater usageongoing

Outcome · ContestedOngoing — annexation fight

Data CenterSCORE 59/100

Denied 4-1. Approved Through Consent Judgment.

Saline Township, MI

575-acre Stargate campus moved forward through consent judgment after rezoning denial, litigation, a $14M community package, and parallel utility approvals.

data centeroracleopenaistargatelawsuitmichigan

Outcome · ContestedDenied → lawsuit → consent judgment → proceeding

Data CenterSCORE 50/100

$3B Data Center Wants St. Louis's Historic Armory

St. Louis, MO

A $3.1 billion data center in a historic Midtown landmark. 5-hour conditional use hearing. City fighting itself over whether to allow it.

data centerhistoricurbanongoingmissouri

Outcome · ContestedOngoing — CUP hearing

Data CenterSCORE 30/100

Expanding Next to a Reservoir That Supplies Two States

Orangeburg, NY

DataBank Phase II on the banks of Lake Tappan — drinking water for NY and NJ. County planning unanimously disapproved.

data centerwaterreservoirnew yorkongoing

Outcome · BlockingOngoing — county disapproval

Data CenterSCORE 1/100

2 Million SF in the Greenbelt. Denied. Then Banned.

Athens, GA

A secret hyperscaler wanted 2M SF in Athens' agricultural greenbelt. Commission denied. Then enacted an emergency moratorium.

data centergreenbeltmoratoriumgeorgia

Outcome · BlockingDenied + moratorium enacted

Data CenterSCORE 1/100

5,000 Signatures Stopped a 250 MW Data Center

Apex, NC

5,000 petition signatures. Withdrawn before any vote. Same week, Apex drafted a moratorium. First NC county ban followed.

data centerpetitionmoratoriumnorth carolina

Outcome · BlockingWithdrawn — March 2026

Data CenterSCORE 40/100

Extension Passed on a Technicality. Then the City Elected an Anti-DC Mayor.

Oregon, OH

3-2 vote with one abstention ruled as passage under Robert's Rules. But a new anti-data center mayor won with 63% mandate. 828 MW of natural gas generators face hostile political environment.

data centernatural gasohioongoing

Outcome · ContestedOngoing — politically hostile

Data CenterSCORE 20/100

1,000 MW on Farmland Where Data Centers Are Banned

Nobles County, MN

Agricultural preservation zone categorically prohibits data centers. Geronimo Power wants 1,000 MW anyway. State moratorium pending.

data centeragriculturalminnesotamoratoriumongoing

Outcome · BlockingOngoing — AUAR review

Semiconductor / IndustrialSCORE 62/100

Approved Unanimously. 243 Opposition Letters. No EIS. The Fight Starts Now.

North Phoenix, Arizona

Phoenix approved TSMC’s ~6,000-acre chip fab campus 9-0 despite 243 organized opposition letters. No Environmental Impact Statement was required. Post-approval litigation via NEPA challenge is the probable next phase.

IndustrialTSMCNEPAPost-Approval RiskPhoenix

Outcome · ApprovingApproved 9-0; post-approval litigation expected

Data CenterSCORE 68/100

270 Acres Survived. 2,100 Collapsed. Same County. Same Year.

Bristow, Prince William County, Virginia

A 270-acre, 14-building data center rezoning survived a 5-3 Board vote and a resident lawsuit — while the $24.7B Digital Gateway (2,100 acres) in the same county was voided by the courts over a newspaper notice defect. Scope and procedure were the differentiators.

Data CenterRezoningParty-Line VoteProcedural ComplianceAdversarial Jurisdiction

Outcome · ApprovingApproved 5-3 — lawsuit dismissed, project proceeding

Data CenterSCORE 65/100

Approved in 2018. By-Right Eliminated in 2025. The Door Closed Behind Them.

Loudoun County, Virginia

Compass Datacenters secured rezoning for a 750K SF, 75 MW campus on Sycolin Road in 2018 under Loudoun's by-right regime. In March 2025, the county eliminated by-right DC development countywide via ZOAM. Compass got in before the door closed.

Data CenterLoudoun CountyZOAMBy-Right EliminatedGrandfathered

Outcome · ApprovingApproved — grandfathered before ZOAM eliminated by-right

Data CenterSCORE 72/100

230 MW in the Silicon Forest. But the Moratorium Petition Is Circulating.

Hillsboro, Washington County, Oregon

Stack Infrastructure operates 230 MW across three Hillsboro campuses (POR01, POR02, POR03) on 50+ acres, backed by $4B in green financing. But Councilor Kipperlyn Sinclair is circulating a moratorium petition, residential rates are up ~50%, and Gov. Kotek's advisory committee reports October 2026.

Data CenterSilicon ForestMoratorium RiskRate DisparityOregon

Outcome · ApprovingOperational — but political window narrowing

DATA CENTERSCORE 78/100

Meta's $10B Hyperion campus reshapes rural Louisiana

Richland Parish, LA

Meta committed $10B for a 2,250-acre AI data center campus. Entergy Louisiana filed for 5.2 GW of new gas generation and 240 miles of 500-kV transmission to serve it — pushing the total program past $27B.

approvedhyperscalerurallouisianaentergy

Outcome · ApprovingSite work began December 2024; construction continues through the decade. Ratepayer cost-allocation fight is ongoing at the LPSC.

DATA CENTERSCORE 74/100

AWS's $10B Mississippi deal — 11-minute supervisor meeting

Madison County, MS

Pre-entitled megasite + state-led recruitment = Board of Supervisors site-plan approval in roughly 11 minutes on February 26, 2024. Subsequent expansions pushed cumulative commitment past $20B.

approvedhyperscalemegasitemississippiaws

Outcome · ApprovingSite plan unanimously approved; construction underway toward 16 buildings by 2027; additional $11B Madison, $1B Hinds, $3B Warren commitments announced 2025-26.

DATA CENTERSCORE 35/100

xAI Colossus: NAACP sues over unpermitted gas turbines

Memphis, TN

27–35 on-site gas turbines came online at xAI's South Memphis Colossus campus without Clean Air Act permits. NAACP and the Southern Environmental Law Center filed a federal citizen suit on April 14, 2026.

litigationenvironmental-justicexaitennesseeclean-air-act

Outcome · BlockingShelby County issued a gas permit in late 2025 over protest. EPA closed the non-road-engine loophole January 2026. NAACP litigation pending.

DATA CENTERSCORE 16/100

Chandler council rejects AI data center 7-0 despite Sinema lobbying

Chandler, AZ

A ~400,000-sq-ft AI data center at Price and Dobson. Former U.S. Senator Kyrsten Sinema warned of federal preemption. The council rejected anyway — unanimously — on December 11, 2025.

deniedarizonaunanimoussinemamunicipal-pattern

Outcome · BlockingUnanimous denial. Second Arizona municipal rejection of a hyperscale DC in 2025 after Tucson's Project Blue.

DATA CENTERSCORE 18/100

Chesapeake rejects its first proposed data center 7-0

Chesapeake, VA

Emerald Lake Estates I Inc. sought A-1 to M-1 rezoning for 22.6 acres on Centerville Turnpike. 60+ residents organized before the first hearing. Planning Commission recommended denial 6-1.

deniedvirginiafirst-in-jurisdictionunanimous

Outcome · BlockingCity Council voted 7-0 to deny on June 17, 2025 — killing Chesapeake's first-ever data center proposal.

DATA CENTERSCORE 12/100

Peculiar MO deletes 'data center' from its zoning code to block Diode

Peculiar, MO

Diode Ventures proposed a $1.5B, ~500-acre Harper Road Technology Park. After 'Don't Dump Data in Peculiar' grew to 1,000+ members, the Planning Commission moved to delete 'data center' from the zoning ordinance.

blockedmoratoriumdefinition-deletionmissouridiode-ventures

Outcome · BlockingOrdinance amendment effective October 17, 2024 — a structural veto rather than a denial.

DATA CENTERSCORE 20/100

Fauquier Planning Commission denies Gigaland 4-1

Fauquier County, VA

Fauquier's December 2023 data-center policy — regarded by Virginia land-use counsel as the strictest in Northern Virginia — produced a 4-1 Planning Commission denial recommendation on Gigaland on June 18, 2025.

deniedvirginiapolicy-tighteningpecnorthern-virginia

Outcome · BlockingGigaland denied; Remington Innovation Campus also drew 4-1 denial; Headwaters $400M withdrew before hearing July 2024.

CASE FILESCORE 82/100

Crusoe / OpenAI Stargate Abilene: 1.2 GW Flagship

Abilene, Taylor County, TX

Crusoe, Blue Owl Capital, and Primary Digital Infrastructure financed and built OpenAI's flagship Stargate campus — $11.6B May 2025 raise, 1.2 GW across 8 buildings, Phase 1 live on Oracle Cloud Infrastructure September 30, 2025. Closed-loop, zero-evaporation liquid cooling eliminated water politics that killed Tucson / San Marcos / Chesapeake.

Outcome · ApprovingPhase 1 operational September 30, 2025. Oracle and OpenAI dropped plans for flagship-site expansion in early 2026; Microsoft picked up two adjacent AI-factory buildings and an on-site power plant; Meta — with NVIDIA — in discussions to absorb further capacity.

CASE FILESCORE 58/100

Yorkville, IL Data Center Wave: Project Cardinal + Six More

Yorkville, Kendall County, IL

Yorkville City Council approved Pioneer Development's Project Cardinal — 1,037 acres, 14 buildings, 17M sq ft — at 12:51 AM March 11, 2026 after a nearly six-hour contentious meeting. Alderman Rusty Corneils cast the lone no vote. Pioneer cut cooling water from 350K to 42.5K gal/day to win approval.

Outcome · ContestedProject Cardinal approved with annexation, rezoning, and infrastructure agreements. Companion Project Steel (Prologis, 540 acres) postponed at same meeting — city said it was 'still negotiating final pieces.'

CASE FILESCORE 42/100

Microsoft Pauses $1B Licking County Data Center Portfolio

Licking County (New Albany / Hebron / Heath), OH

Microsoft announced a $1B three-site Licking County investment in October 2024, including $420M for New Albany with a 15-year tax abatement. Six months later, in April 2025, Microsoft paused all three sites, citing tariff cost pressures. Intel's adjacent megafab was delayed to at least 2030, removing the demand anchor.

Outcome · ContestedNew Albany site preparation continues; Hebron and Heath could revert to farming under Microsoft's own framing. Microsoft committed to honor road/utility agreements and stated it still expects to invest over $80B globally in AI infrastructure this fiscal year.

CASE FILESCORE 75/100

Cologix Johnstown: $7B, 800 MW AI Data Center Campus

Johnstown (Licking County), OH

Cologix acquired 154 acres in Johnstown, Ohio from Johnstown Land Company (an affiliate of New Albany Company) on November 20, 2024 for a planned $7B, 800 MW, 8-building AI-ready data-center campus delivering 2.0 million square feet. Mayor Donald Barnard: 'confirmation that our updated planning policies are paying off.'

Outcome · ApprovingFirst-phase construction anticipated to begin in 2025 per Cologix's announcement. Same county as Microsoft's $1B pause — opposite outcome, driven by municipal-level zoning posture and aligned-seller land supply.

CASE FILESCORE 38/100

Indiana: Four County Data Center Moratoriums in Ten Months

Marshall / White / Putnam / Starke Counties, IN

Marshall County passed Indiana's first data-center moratorium in February 2025. White County followed 2-1 (Smolek dissenting) on October 20, 2025. Putnam bundled DCs with wind, solar, and SMRs in November. Starke County's Planning Commission unanimously approved December 4, 2025 — blocking any DC over 5,000 sq ft.

Outcome · BlockingThree confirmed moratoriums in force; Starke County commissioners scheduled to vote on final adoption December 15, 2025. Indiana HB 1333 pending in 2026 legislative session as potential state-level preemption backstop.

CASE FILESCORE 78/100

Applied Digital Polaris Forge 1: 400 MW Ellendale AI Campus

Ellendale, Dickey County, ND

Applied Digital's Polaris Forge 1 campus in Ellendale, North Dakota is contracted at 400 MW to CoreWeave across three approximately 15-year leases with ~$11B total anticipated revenue. Building 1 reached Phase II Ready for Service — fully energized at 100 MW — in November 2025. Zero documented community opposition: the rural-Plains siting exemplar.

Outcome · ApprovingPhase II of Building 1 fully energized November 2025; second 150 MW building targeted mid-2026; third 150 MW building planned 2027. Applied Digital broke ground on Polaris Forge 2 near Harwood (September 2025) for an additional $3B, 280 MW campus, bringing total contracted revenue across both campuses to ~$16B.

CASE FILESCORE 22/100

Fayetteville, GA: Commission Denies, Council Bans Data Centers Citywide

Fayetteville, Fayette County, GA

Crow Holdings' CHI/Acquisitions, LP presented a data-center site plan at Highway 85 North on a parcel already zoned Business Park — a permitted use. Fayetteville Planning & Zoning denied the site plan January 27, 2026 before ~100 residents. On March 5, 2026, City Council adopted Ordinance 26-O-12, prohibiting new data centers in every zoning district. The applicant withdrew its appeal March 18.

Outcome · BlockingCitywide prohibition in force. Appeal withdrawn rather than heard on merits. Regional context: county-level Georgia Power eminent-domain backlash for the existing QTS Fayette County campus pre-conditioned residents against any new DC capacity.

CASE FILESCORE 28/100

Newton & Ransom, PA: Lackawanna County Data Center Denials

Newton & Ransom Townships, Lackawanna County, PA

Ten data-center campuses proposed across Lackawanna County in 2025-2026. Ransom Township supervisors denied a Scranton Materials LLC zoning amendment in January 2026 (on appeal at Court of Common Pleas). On February 19, 2026, Newton Township Zoning Officer D. Scot Haan denied Popca LLC's East Newton Ira Tripp Tract application (~90 acres, Rural Resource zoning) as 'not an allowed use.' Popca appealed March 23; hearing scheduled April 27.

Outcome · BlockingTwo denials stand. Both applicants in appellate process — Scranton Materials in county court via Attorney Michael Mey; Popca via the Newton zoning hearing board. Ten campuses remain pending across six county townships.

CASE FILESCORE 48/100

Aurora, IL: From 180-Day Moratorium to Illinois' Strongest DC Regs

Aurora, Kane County, IL

Aurora City Council enacted a 180-day moratorium on new data-center and warehouse developments on September 25, 2025. On March 24, 2026, Council adopted the regulatory package NPR Illinois described as among the strongest in Illinois — formal data-center definition, mandatory sound-level studies, mandatory resource-consumption reports, lowered maximum sound levels, and Council approval required for all new projects — and extended the moratorium another 30 days.

Outcome · ContestedFive DCs operational, five more in development. Every new application now requires a Council vote. Sustainability Director Alison Lindburg: 'We're trying to put regulations in place to help data centers... understand that we want them to be responsible neighbors.'

CASE FILESCORE 36/100

Amazon $20.5M Morrow County Nitrate Settlement

Morrow & Umatilla Counties, OR (Port of Morrow / Lower Umatilla Basin)

Pearson v. Port of Morrow in U.S. District Court. At least 634 domestic wells in the Lower Umatilla Basin above federal nitrate limits; some nearly 10x. Named plaintiffs: Michael Pearson, Michael and Virginia Brandt, James and Silvia Suter. Lead counsel Steve Berman. On March 31, 2026, Amazon agreed to pay $20.5M to settle — without admitting liability. Sixteen defendants remain, including Lamb Weston, Madison Ranches, and Threemile Canyon Farms.

Outcome · BlockingSettlement funds private wells and public water-treatment projects. Amazon continues to deny its 13+ basin data centers worsened contamination. Basin is the sole water source for ~45,000 residents. Hermiston City Council annexed 800 acres in 2025 to attract more data centers during the active litigation.

CASE FILESCORE 38/100

Social Circle, GA: 2-1 Council Approves Data Centers Over Commission Denial

Social Circle, Walton County, GA

In November 2025 the Social Circle City Council approved a 151-acre data-center rezoning at Hawkins Academy Road and Roy Malcom Road 2-1 over the Planning & Zoning Commission's denial recommendation. Councilwoman Traysa Price and Councilman Steve Shelton voted yes; Councilman Tyson Jackson voted no. A second SUP on 96 acres along East Hightower Trail passed November 18. Resident Christina Studdard: 'I think my main concern is the callousness from the council.'

Outcome · BlockingApprovals stand on a fragile 2-1 margin. The Georgia Department of Community Affairs notified Social Circle of potential decertification as a Qualified Local Government over the Stroud's Creek annexation; Newton County filed for arbitration review of the same annexation. At least three more DC projects remain pending before the council.

CASE FILESCORE 34/100

Wilderness Crossing: 2,600-Acre Rezoning, Four Lawsuit Counts Survive

Orange County, VA (Locust Grove, Routes 3 & 20)

On April 25, 2023, the Orange County Board of Supervisors approved the 2,600-acre Wilderness Crossing rezoning 4-1, reported as the largest in county history. In the final hours before the vote the industrial square-footage cap was raised from 5 million to 30 million. Adjacent to Fredericksburg & Spotsylvania National Military Park (Wilderness Battlefield). The American Battlefield Trust, Central Virginia Battlefields Trust, and Friends of Wilderness Battlefield — with named residents — sued May 24, 2023. On September 16, 2025, four of seven counts survived demurrer and proceed to trial.

Outcome · BlockingRezoning in force but in active litigation. Multi-year discovery, summary-judgment, and trial process underway. Supervisor Marshall's dissenting 2023 no vote remains on the record. NPCA characterized the demurrer ruling as a procedural victory for preservation plaintiffs.

Retail & QSR

45 cases

Drive-thrus, big box, grocery, dollar stores, gas stations, and convenience uses where adjacency, access, operating hours, and neighborhood politics decide the fight.

Browse the Retail & QSR vertical

Featured Case FileSCORE 34/100

They Filed the Permit. Then 300+ Written Submissions Landed.

Meridian, Idaho

In-N-Out filed for a drive-thru CUP. More than 300 written submissions followed. P&Z denied 4-1. Council upheld 5-1. The denial later fed a city code rewrite.

QSRCUP DenialAll 5 LayersFeatured

Outcome · BlockingDenied twice; changed city zoning code

QSR / Drive-ThruSCORE 75/100

Same City, Same Council, Same Year. Opposite Outcome.

Meridian, Idaho

First Idaho Raising Cane's at 2712 N. Eagle Road. P&Z unanimous, Council upheld 4-2 on appeal, opened November 18, 2025 — under the same UDC §11-4-3-11 ordinance that killed In-N-Out 5-1 months earlier. Direct comparable.

QSRCUP ApprovalDirect ComparableDrive-Thru

Outcome · ApprovingApproved, upheld on appeal, operational

QSR / Drive-ThruSCORE 28/100

Approved. Built. Operating. Now Being Shut Down.

Encino, California

A Chick-fil-A received its CUP, built the restaurant, and has been operating — but the Zoning Administrator is now revoking the permit over traffic failures.

QSRCUP RevocationPost-Approval Risk

Outcome · BlockingCUP revocation underway

QSR / Drive-ThruSCORE 72/100

Pre-Funded the Fix. Approved 4-1. Opened on Schedule.

Santa Maria, California

Chick-fil-A pre-funded a Caltrans-coordinated off-ramp extension, Preisker Lane restriping, and a bike/ped path — converting the freeway-adjacency objection into a condition of approval.

QSRCaltrans CoordinationPre-Funded Mitigation

Outcome · ApprovingApproved 4-1; opened Nov 2025

QSR / Drive-ThruSCORE 8/100

Same Building. Different Tenant. Denied 5-0.

Cardiff-by-the-Sea, California

Converting a Jack in the Box to a Starbucks was ruled an illegal ‘intensification’ of a nonconforming drive-thru use. The building didn’t change. The tenant did. 5-0 denial.

QSRNonconforming UseDrive-Thru

Outcome · BlockingDenied 5-0 by City Council

QSR / Drive-ThruSCORE 12/100

Zoning Board Said Yes 4-3. Village Board Said No 6-0.

Wilmette, Illinois

The Zoning Board recommended approval after full technical review. Twelve days later, the Village Board denied 6-0 with no new findings. 1,000 daily transactions was the political kill shot.

QSRPolitical OverrideDrive-Thru

Outcome · BlockingDenied 6-0 by Village Board

QSR / Drive-ThruSCORE 0/100

Closed for One Year. Lost the Right to Reopen. Forever.

Minneapolis, Minnesota

Burger King closed for renovations. Minneapolis ruled the nonconforming drive-thru use ‘abandoned’ after 12 months. Years of litigation. Property sold in 2023. The use is permanently extinguished.

QSRAbandonment DoctrineDrive-Thru Ban

Outcome · BlockingUse permanently extinguished

Big Box RetailSCORE 72/100

Ten Years. Two Court Orders. One Walmart.

Edmond, Oklahoma

A 44,000 SF Walmart Neighborhood Market on commercially zoned land spent a decade fighting through denials a court twice called ‘arbitrary and capricious.’

Big BoxCommercial ZoningCourt Order

Outcome · ApprovingCourt-ordered approval, March 2026

Big Box RetailSCORE 14/100

Costco Approval Voided — Wrong Use in the EIR.

Fresno, California

A 219,000 SF Costco cleared all approvals. A judge voided it because the 47,000 SF delivery operation was labeled ‘retail’ instead of ‘industrial’ in the environmental review. Lease expires Sept 2026.

Big BoxCEQAUse Classification

Outcome · BlockingApproval invalidated by court

Big Box RetailSCORE 72/100

Unanimous. $2.5M for Pedestrian Safety. Lawsuit Tossed.

San Jose, California

A ~150,000 SF Costco + fuel station on a failing shopping center across from Prospect High School. San Jose approved unanimously in October 2024 after Costco pre-funded $2.5M of Lawrence Expressway pedestrian safety work and accepted four pages of revocable CUP conditions. Save West Valley's CEQA lawsuit was dismissed by the court.

Big BoxCEQABrownfield Retail ReusePedestrian SafetyRevocable CUP

Outcome · ApprovingUnanimous approval; CEQA lawsuit dismissed

GrocerySCORE 62/100

Mid-Construction Halt. Variances Granted Without a Hearing.

New Orleans, Louisiana

Trader Joe’s was mid-construction when a judge ruled the BZA granted 120+ parking variances without the required public hearing. Three residents filed suit. The brand was wanted. The process wasn’t followed.

GroceryProcedural ErrorVariance

Outcome · ApprovingMid-construction delay

GrocerySCORE 65/100

23 Lawsuits. One Whole Foods. 3 Years Late.

Brighton, New York

First Whole Foods in Rochester. Universally desired. 23 lawsuits filed. 22 dismissed. Store opened 3 years late. Even the most wanted tenant can face death by litigation.

GroceryLitigationCommunity Opposition

Outcome · ApprovingOpened 3 years late after 23 lawsuits

GrocerySCORE 85/100

When Every City Wants You, Entitlement Stops Being a Fight.

Frisco, Plano, McKinney, Allen, Irving, Murphy, Texas

H-E-B's 2022 Frisco flagship (118,000 SF, 750+ partners) opened to lines around the block. Seven+ DFW cities followed. Zero organized opposition at any hearing. The cleanest multi-city retail approval pattern on record.

GroceryMulti-CityDFWBrand EquityEconomic Development

Outcome · Approving7+ cities open or announced — zero organized opposition

Gas Station / ConvenienceSCORE 72/100

Won the Battle. City Changed the Rules Forever.

Centerville, Ohio

Sheetz won a court ruling after the City Council reversed a Planning Commission approval. The city’s response? Permanently rewrite the zoning code to prevent any gas station from being approved again.

Gas StationPolitical OverrideCode Rewrite

Outcome · ApprovingCourt win, but permanent code rewrite

Gas Station / EVSCORE 18/100

The Last Gas Station That Can Ever Be Built Here.

Santa Rosa, California

Santa Rosa enacted a citywide gas station ban — the largest US city to do so. This station had a pre-ban exemption. It included 4 EV charging stations. Still denied 6-0.

Gas StationMunicipal BanEV Charging

Outcome · BlockingDenied 6-0 (citywide ban)

RetailSCORE 0/100

54+ Municipalities. One Target. Dollar Stores Under Siege.

Nationwide

54+ municipalities have enacted dollar store restrictions. Spacing requirements, formula business bans, use table removals, size caps. An entire retail category under coordinated municipal assault.

Dollar StoreMoratoriumFormula Business

Outcome · Blocking54+ jurisdictions with restrictions

Gas Station / ConvenienceSCORE 29/100

How Many Gas Stations Are Too Many? Neighbors Say Four.

Albuquerque, New Mexico

Maverik proposed a fuel and convenience CUP on the former Whole Foods site at Indian School Rd & Carlisle Blvd. Eight neighborhood associations opposed. City staff recommended denial. The argument: four competing stations were already within blocks. Saturation theory as a denial basis is spreading.

Gas StationCUPSaturationNeighborhood Opposition

Outcome · BlockingPending — staff denial recommendation

QSR / Drive-ThruSCORE 38/100

6 Public Hearings. Hundreds of Signatures. One Chick-fil-A.

Arnold, Maryland

Maryland’s first drive-thru-only Chick-fil-A format faced 6 public hearings in July 2025 alone and a Board of Appeals appeal filed December 2025. A novel format with no state precedent became the entitlement target.

QSRDrive-ThruNovel FormatCommunity Opposition

Outcome · BlockingOngoing — Board of Appeals appeal

QSR / Drive-ThruSCORE 11/100

Site Geometry Too Tight. Climate Policy Conflict. Denied.

Hermosa Beach, California

Starbucks proposed a drive-thru at 204 PCH in Hermosa Beach. The drive lane couldn’t safely fit on the parcel. The city’s Climate Action Plan explicitly restricts auto-oriented uses. Planning Commission denied unanimously.

QSRDrive-ThruClimate Action PlanSite Geometry

Outcome · BlockingDenied unanimously

QSR / Drive-ThruSCORE 42/100

City Refused to Even Hear the Case. McDonald’s Sued. And Won.

Kansas City, Missouri

McDonald’s filed for a two-lane drive-thru on a streetcar corridor overlay. Kansas City refused to process the application. McDonald’s sued. A court ordered the city to process it. The drive-thru was approved two-plus years after filing.

QSRDrive-ThruOverlay DistrictLitigation Win

Outcome · ContestedApproved after litigation — 2+ year delay

Car WashSCORE 10/100

26 Car Washes. City Decided That Was 26 Too Many.

Hemet, California

Hemet enacted a citywide moratorium on new car washes — all commercial and manufacturing zones, no exceptions. Existing operators grandfathered. New entrants locked out. Extended unanimously. Likely permanent.

Car WashMoratoriumMunicipal Ban

Outcome · BlockingCitywide moratorium — new entrants prohibited

Car WashSCORE 28/100

City Didn’t Ban Car Washes. It Just Made Clear It Didn’t Want Them.

Methuen, Massachusetts

Two different operators, two different sites, same unanimous ZBA denial. Market saturation cited both times. Council then signaled a new ordinance targeting car wash density. No formal ban — same practical effect.

Car WashZBA DenialSaturationLegislative Risk

Outcome · BlockingTwo unanimous ZBA denials; ordinance pending

RetailSCORE 25/100

9,100 Square Feet. The Cap Was 16,000. Still Denied.

Maple City, Michigan

Dollar General filed for a 9,100 SF store well under the 16,000 SF commercial cap. But the site required a 3-lot merger the township refused. Then the township enacted a moratorium. Three independent barriers, any one of which kills the project.

Dollar StoreLot MergerMoratoriumRural Township

Outcome · BlockingDenied; moratorium enacted

GrocerySCORE 58/100

CEQA Lawsuit Over a ‘Generic Retail’ Traffic Assumption.

San Jose, California

Whole Foods was the signed anchor tenant. The EIR used generic retail trip generation rates — not grocery-specific rates. CEQA lawsuit filed. Project in legal limbo. A one-word description in the environmental review triggered the litigation.

GroceryCEQAEIR DefectTraffic Study

Outcome · ContestedCEQA litigation ongoing

GrocerySCORE 68/100

Formula Retail CU Approved. Hayes Valley Wanted a Grocery.

Hayes Valley, San Francisco, California

A 16,800 SF Trader Joe's at 555 Fulton Street cleared SF's Formula Retail CU unanimously in November 2019 using a food desert framing, a 77-space attended underground garage, and public backing from District 5 Supervisor Dean Preston. Store opened May 17, 2024 — 4.5 years after CU approval.

GroceryFormula Retail CUFood DesertAttended ParkingSF Planning Commission

Outcome · ApprovingApproved unanimously; opened May 17, 2024

RetailSCORE 70/100

Largest Starbucks in the World. Zero Landmark Friction.

Chicago, Illinois

Starbucks Reserve Roastery at 646 N. Michigan Avenue — 35,000 SF, 5 stories, opened November 15, 2019. Adaptive reuse of the former Crate & Barrel flagship. DX-16 by-right, no Commission on Chicago Landmarks hearing. Largest Starbucks globally.

RetailAdaptive ReuseLandmark AvoidanceMagnificent MileDX-16

Outcome · ApprovingOpened November 15, 2019 — largest Starbucks globally

QSR & DRIVE-THRUSCORE 82/100

Carlsbad lifts 27-year drive-thru ban 3-2

Carlsbad, CA

A 1997 ordinance barred all new drive-thrus citywide for 27 years. On April 29, 2025, Carlsbad City Council voted 3-2 to replace it with a case-by-case CUP framework — with Village and Barrio districts kept closed. Councilmember Teresa Acosta was the named dissent.

approveddrive-thruordinance-reformcupCalifornia

Outcome · ApprovingBan lifted; individual applications now go through conditional-use permits. Village and Barrio remain off-limits to drive-thrus.

QSR & DRIVE-THRUSCORE 86/100

Spokane: 5-2 moratorium on drive-thrus, gas, car washes

Spokane, WA

On April 13, 2026, Spokane City Council voted 5-2 to enact a one-year emergency moratorium on new drive-thrus, gas stations, car washes, and service stations along Division, Hamilton, Monroe, and other transit corridors. Council President Wilkerson and Councilman Cathcart voted no.

moratoriumdrive-thrugas-stationcar-washtransit-corridorWashington

Outcome · ApprovingMoratorium effective immediately. A South Hill Chick-fil-A had its building permit issued days before the vote — grandfathered in.

QSR & DRIVE-THRUSCORE 22/100

Palm Springs denies drive-thru Starbucks on climate grounds

Palm Springs, CA

On March 1, 2024, Palm Springs City Council voted 4-1 to deny a drive-thru-only Starbucks at N. Palm Canyon Drive and Racquet Club Road. Mayor Jeffrey Bernstein grounded the denial in the city's general plan. Councilmember Lisa Middleton was the lone dissent.

denieddrive-thruclimate-policygeneral-planCalifornia

Outcome · BlockingDenied. The Sustainability Commission had unanimously recommended rejection. One of the cleanest climate-grounded QSR denials of 2024.

QSR & DRIVE-THRUSCORE 72/100

Perrysburg lifts car wash moratorium 5-1

Perrysburg, OH

On December 19, 2024, Perrysburg City Council voted 5-1 to end a two-year car wash moratorium before its December 31, 2024 sunset. Kerry Wellstein, Mark Weber, Cory Kuhlman, Kevin Fuller, and Rick Rettig voted to lift. Tim McCarthy voted to continue. Barry VanHoozen was absent.

approvedcar-washmoratorium-reformOhionamed-votes

Outcome · ApprovingMoratorium ended early. Market reopens to new applications — but the market was already saturated: 7 car washes inside city limits and 5 more within a mile.

QSR & DRIVE-THRUSCORE 76/100

Buc-ee's Stafford: 4-3 P&Z recommendation, BOS pending

Stafford County, VA

A 74,000 sq ft Buc-ee's travel center with 833 parking spaces and 120 fuel pumps on ~38 acres off I-95. After deferrals in October 2025 and January 2026, the Stafford County Planning Commission voted 4-3 to recommend approval on March 26, 2026. The Board of Supervisors is next.

ongoingtravel-centerI-95profferVirginia

Outcome · ApprovingOngoing. A 4-3 recommendation after multiple deferrals is a fragile political signal, not a green light.

QSR & DRIVE-THRUSCORE 38/100

Altoona, IA: Starbucks denied on school adjacency + local operator

Altoona, IA

Highland Ventures pitched a 2,400 sq ft Starbucks with drive-thru on the former Family Video site. Altoona P&Z voted against recommendation on September 24, 2024; City Council deferred on October 7, 2024. Best Day Coffee — a local independent operator — organized the opposition alongside school-traffic concerns.

denieddrive-thruschool-adjacencylocal-competitorIowa

Outcome · BlockingEffectively denied. A negative P&Z recommendation plus a Council deferral is the soft-denial pattern. Mutual-ally opposition (local operator + school community) was fatal.

QSR & DRIVE-THRUSCORE 73/100

Mass Pike RFP locks out Chick-fil-A via 7-day rule

Massachusetts (statewide Turnpike)

MassDOT's highway service plaza RFP requires every food vendor to operate seven days a week — effectively excluding Chick-fil-A from the ~2026 Turnpike service plaza refresh. The Boston Globe reported in January 2025 that the language was carefully written to avoid a New York Thruway-style public fight.

ongoingprocurementservice-plazastate-agencyMassachusetts

Outcome · ApprovingChick-fil-A shut out of new Mass Pike plazas through a neutral-sounding procurement rule. Standalone Massachusetts restaurant expansion (~7 new stores in 2025) continues in parallel.

CASE FILESCORE 78/100

Buc-ee's Mansfield: 110-acre annexation + B-2 rezone

Mansfield, OH

Buc-ee's cleared township, county, and preliminary Mansfield City Council annexation approvals; Planning Commission voted 5-1 on April 15, 2026 to recommend B-2 general business zoning for a 110-acre parcel at the I-71/Ohio 39 interchange. William Salas cast the lone dissent after seven residents testified against.

Outcome · ApprovingFinal Mansfield City Council zoning vote scheduled May 19, 2026. 200+ full-time jobs projected. Mayor Jodie Perry on record in support.

CASE FILESCORE 82/100

Wegmans Charlotte: multi-year site search lands on Ballantyne campus

Charlotte, NC (Ballantyne)

Wegmans partnered with Northwood Investors LLC to bring its first Charlotte store to the Ballantyne campus as an anchor tenant on pre-entitled master-planned land. Size approximately 110,000 square feet; Mecklenburg County construction permit reported at approximately $34.7M.

Outcome · ApprovingConstruction underway; opening targeted Q3 2026. Dan Aken (Wegmans VP Real Estate) and Clifton Coble (Northwood Office SVP Development) led the joint announcement.

CASE FILESCORE 85/100

In-N-Out Franklin: eastern HQ + first Tennessee restaurant clears Goose Creek PUD

Franklin, TN (Berry Farms)

Governor Bill Lee and Commissioner Stuart McWhorter announced In-N-Out's Tennessee expansion with Owner Lynsi Snyder-Ellingson on January 10, 2023 — $125.5M investment, 277 Williamson County jobs, 100,000 sq ft eastern territory office. First Tennessee restaurant opened February 25, 2026 at 1951 Double Double Drive inside the Goose Creek Bypass PUD.

Outcome · ApprovingRestaurant opened; HQ under construction for 2026 completion. PUD siting converted the entitlement question from rezoning to site-plan review.

CASE FILESCORE 80/100

Moreno Valley: 45-day warehouse moratorium fails 3-2 (supermajority required)

Moreno Valley, CA

Moreno Valley City Council voted 3-2 in favor of a 45-day warehouse moratorium on February 3, 2026 — but California interim urgency ordinances require a 4/5 supermajority. Mayor Ulises Cabrera and Mayor Pro Tem Erlan Gonzalez, who had previously supported bringing it forward, flipped on the final vote. Moratorium failed.

Outcome · ApprovingMoratorium defeated. Warehouse development continues in Moreno Valley even as neighboring Inland Empire cities (Colton, Jurupa Valley, Perris, Redlands, Rialto) pause logistics projects.

CASE FILESCORE 72/100

Hemet warehouse moratorium: EIR-derived 500K–1M SF threshold

Hemet, CA

Hemet City Council received a warehouse moratorium staff report December 10, 2024 with a threshold keyed to Environmental Impact Report findings (500,000–1,000,000 sq ft), a sub-35,000 sq ft exemption, and a carve-out for projects with all discretionary approvals already secured. Lansing Companies' 74-acre, 1.1M sq ft Hemet Land Holdings project is the named reference comparable.

Outcome · ApprovingHemet joined the four-city Inland Empire cohort (with Perris, Chino, Norco) using short 45-day urgency moratoriums rather than long pauses. Mayor Joe Males leading the city during deliberation.

CASE FILESCORE 88/100

Maui Bill 9: 6,000+ vacation rentals phased out (5-3, signed same day)

Maui County, HI

Maui County Council passed Bill 9 5-3 on second and final reading December 15, 2025, phasing out apartment-zoned transient vacation rentals on the Minatoya List. Mayor Richard Bissen signed the same day. West Maui sunset January 1, 2029; rest of Maui County January 1, 2031. More than 6,000 apartment-zoned TVRs affected; roughly 6,500 TVR parcels remain exempt.

Outcome · ApprovingLargest short-term rental phaseout in U.S. history. Political context: August 2023 Lahaina wildfire-driven housing crisis. UHERO produced economic-impact analysis. Legal challenges from STR operators expected.

CASE FILESCORE 80/100

Pearland Council Unanimously Kills McDonald's on Dixie Farm Road

Pearland, TX

Pearland City Council voted unanimously on November 17, 2025 to deny a conditional use permit for a McDonald's on Dixie Farm Road. The same applicant had sought commercial rezoning for the same parcel in 2016 and been denied; the city instead zoned it Neighborhood Services. Residents framed the 2025 CUP as 'spot zoning' that would reverse the 2016 legislative decision.

Outcome · ApprovingUnanimous denial. Councilmember Rushi Patel echoed the residents' 'original intent for zoning designations' argument from the dais; resident Pat Lopez publicly used the 'spot zoning' framing. Community Impact reporting corroborated 'substantial community pushback' preceded the vote.

CASE FILESCORE 86/100

Mebane McDonald's: Denied 3-2, Sued, Approved 5-0

Mebane, NC

Mebane's planning board voted 8-0 to recommend approval of a special use permit for a second McDonald's on a 1.06-acre Oak Manor Market outparcel. On June 3, 2024 the City Council denied 3-2, citing a 2002 shopping-center stipulation. Outparcels LLC filed a petition for judicial review in Alamance County superior court. In October 2024 the council reversed and approved 5-0 on legal counsel's advice — the city attorney stating 'the case law would compel the judge to rule in the applicant's favor…so we are saving city resources.'

Outcome · ApprovingCouncil reversal 5-0. McDonald's advanced. Clearest model in 2024 of a rapid superior-court-driven zoning reversal. Mebane's development ordinance had been amended since the 2002 stipulation to allow drive-thrus, which was the applicant's petition argument.

CASE FILESCORE 82/100

Sandy Springs 4-3 Denial: Mayor Paul Breaks 3-3 Tie Against 24/7 Whataburger

Sandy Springs, GA

Sandy Springs City Council split 3-3 on August 19, 2025 on franchisee Made to Order Holdings' conditional use permit for a 24/7 Whataburger with drive-thru at 8721 Roswell Road — a former Wells Fargo branch on a Dunwoody Place Shopping Center outparcel. Mayor Rusty Paul cast the tie-breaking vote against, making the final tally 4-3 for denial. The Planning Commission had removed staff-recommended hour caps on July 17 to allow 24/7 operations.

Outcome · ApprovingDenied via mayoral tiebreaker. Councilmember Melody Kelley said the drive-thru is 'incompatible with the ongoing North End revitalization and redevelopment plans.' Franchisee Made to Order Holdings indicated it had not decided whether to pursue a non-drive-thru build.

CASE FILESCORE 76/100

Wilmington NC: $5.8M Circle K Rezoning Dies in 3-3 Council Tie

Wilmington, NC

Circle K filed to rezone a 1.79-acre former Walgreens site at 1618 Dawson Street from Urban Mixed-Use (UMX) to Community Business (CB) to support a 'state of the art' $5.8M convenience store, gas station, fuel canopy, and outdoor seating. On February 6, 2024 the Wilmington City Council voted 3-3. Under North Carolina procedure, a tied rezoning vote fails. Council members cited Comprehensive Plan fit concerns on the record.

Outcome · ApprovingDenied on the 3-3 tie. Six-month resubmission lockout under standard NC rezoning procedure. Circle K returned with different Wilmington sites (May 2024 Planning Commission proposal; December 2024 new Market Street intersection proposal), signaling reconfigured rather than resubmitted packages.

CASE FILESCORE 70/100

Naperville Tables Dutch Bros Indefinitely Over 7 Brew Precedent

Naperville, IL

Dutch Bros filed for a drive-thru at Market Meadows shopping center near 75th Street and Naper Boulevard in Naperville. On October 7, 2025, the City Council voted unanimously to table the development agreement for 30 days to address traffic and safety concerns. On November 4, 2025, the council tabled the matter indefinitely — citing the nearby 7 Brew's reported traffic backups as the reference point for the ongoing concern. Dutch Bros plans 28-34 Chicago-area locations by end of 2026.

Outcome · ApprovingTabled indefinitely. Procedurally, the council can reconsider without returning to the Planning and Zoning Commission. Dutch Bros submitted a revised traffic plan between meetings (de-emphasizing Market Avenue, re-striping Jewel parking lot), but did not redesign the drive-thru stacking geometry — leaving the 7 Brew comparison structurally intact. 10 written opposition comments vs. 1 support.

CASE FILESCORE 66/100

Milledgeville P&Z Votes 3-2 Against Circle K on 'Blind Hill' Safety

Milledgeville, GA

Circle K filed to rezone 2345 N. Columbia Street — the former BB&T bank branch at the intersection with Dunlap Road — for a gas station and convenience store. On March 6, 2024 the Milledgeville Planning and Zoning Commission voted 3-2 against recommending approval. Commissioner Emilie Cook cited a blind hill on the Dunlap Road approach and existing accident history: 'We already have a lot of accidents. You come over Dunlap and it's a bit of a blind hill.' Donald Hill cast the tie-breaking vote on the against side.

Outcome · ApprovingNegative P&Z recommendation. Proposal advanced to elected Milledgeville City Council with the adverse P&Z record carrying forward. Applicant manager Vickers' 'We are traffic capturers, not traffic generators' framing did not carry the vote — a demand-side argument against a supply-side / geometric safety finding.

Housing

46 cases

Market-rate apartments, affordable housing, student housing, senior living, and build-to-rent where density, politics, and state law collide.

Browse the Housing vertical

MultifamilySCORE 82/100

Middle Housing Now Beats Single-Family. $250K-$300K Cheaper.

Portland, Oregon

Portland's Residential Infill Project legalized fourplexes on every residential lot in August 2021. Four years later, BPS confirmed middle housing outpaces single-family production and sells $250K-$300K below comparable new detached homes. The most production-validated upzoning in America.

Missing MiddleHB 2001MinisterialUpzoningAffordability

Outcome · ApprovingAdopted; 1,400+ units permitted; empirical affordability win

MultifamilySCORE 82/100

Bull's-Eye Density. 30 Years. 40 Million SF.

Arlington County, Virginia

The Rosslyn-Ballston Metro corridor — five stations, two miles, and four decades of phased TOD. 40M SF office, 30,000+ units, Amazon HQ2 anchor, PenPlace approved April 2022.

TODTransit-OrientedAmazon HQ2GLUP

Outcome · Approving40+ years of corridor approvals; EHO litigation pending

MultifamilySCORE 80/100

$500M Public Investment. $3.5B in Private Follow-On.

Denver, Colorado

Denver's Union Station (19.5 acres) plus the RiNo / 38th & Blake TOD corridor turned ~$500M in public infrastructure into $3.5B+ in private follow-on — 1.9M SF office, 3,000 units, 750 hotel rooms. Colorado HB24-1313 (May 2024) now compels 31 municipalities to replicate the density pattern statewide.

TODTransit-OrientedHB24-1313Height Incentive OverlayColorado

Outcome · Approving$3.5B+ private follow-on; statewide replication mandated

MultifamilySCORE 52/100

The Apartment Building That Triggered a Recall Election.

Fairfax, California

A 243-unit apartment proposal in a town of 7,500 triggered a recall election after Fairfax first resisted a ministerial path and later processed the project under Chapter 17.126.

MultifamilyMinisterial ApprovalRecall Election

Outcome · ContestedMinisterial approval after town/HCD dispute; recall failed

MultifamilySCORE 70/100

Approved. Then the Town Rewrote the Rules.

Woodbridge, Connecticut

96-unit complex approved after 150+ residents opposed. One month later, the commission amended zoning: max stories dropped from 4 to 2.5. The ‘poison the well’ outcome — your project survives, but no one else’s can.

MultifamilyRetroactive Rule ChangeAffordable

Outcome · ApprovingApproved; zoning immediately tightened

MultifamilySCORE 48/100

Builder’s Remedy Filed. Parcel Merger Denied 3-2.

Palo Alto, California

321-unit builder’s remedy requiring 7-parcel merger. Height/density leverage was clear. But Safe Routes to School conflicts killed the parcel merger 3-2. The legal pathway was open. The political pathway wasn’t.

MultifamilyBuilder's RemedySafe Routes to School

Outcome · ContestedParcel merger denied 3-2; appeal pending

Affordable HousingSCORE 41/100

City Signed a Support Letter. Then Reversed.

Belton, Missouri

The city signed a letter supporting a 252-unit LIHTC project. Then residents mobilized. The council reversed. The developer filed a $51M federal Fair Housing Act lawsuit.

LIHTCRezoningFederal Lawsuit

Outcome · Contested$51M+ FHA lawsuit active

Affordable HousingSCORE 68/100

135 Units. 100% Affordable. TOD + Community Benefits.

San Jose, California

Former VTA surface parking lot at 1197 Lick Avenue. 100% affordable at/below 60% AMI. 50% rapid rehousing. Six years from application to opening — durable public-finance stack, patient calendar.

TOD100% AffordableMeasure ACDLACAHSC

Outcome · ApprovingOpened January 2026

Affordable HousingSCORE 35/100

The Mayor Blocked the Vote. The DOJ Came Knocking.

Franklinton, Louisiana

40-unit LIHTC project. Zoning Commission unanimously recommended approval. Mayor refused to present it to Council. Council never voted. DOJ investigation. $230,000 settlement.

Affordable HousingDOJLIHTC

Outcome · BlockingDOJ settlement; $230K damages

Affordable HousingSCORE 48/100

City Blocked Its Own Fast-Track Program.

Los Angeles (Winnetka), California

360-unit affordable on a shuttered school. Filed under Mayor Bass’s ED1 fast-track. Council blocked it. Bass revised ED1 to exclude the site. Court ruled the City violated state law. Ordered reinstatement.

Affordable HousingED1Court Order

Outcome · ContestedCourt ordered reinstatement

MultifamilySCORE 78/100

60-Year Comp Plan Update. Missing Middle Authorized on Every Corridor.

Montgomery County, Maryland

Montgomery County adopted Thrive 2050 in October 2022 — the first general plan update in 60+ years. The 2024 Attainable Housing Strategies Initiative authorized duplex, triplex, and quadplex housing by-right in R-60/R-90/R-200, with corridor-adjacent medium-scale tier lots permitting stacked flats, townhouses, and small apartments.

MultifamilyComprehensive PlanMissing MiddleAttainable Housing

Outcome · ApprovingAdopted Oct 2022 — AHS recommended June 2024, ZTAs advancing

MultifamilySCORE 85/100

First Big City to Kill Single-Family Zoning. And It Survived the Courts.

Minneapolis, Minnesota

Minneapolis was the first major U.S. city to eliminate single-family-only zoning with its 2040 Comp Plan (Dec 2018). After four years of MERA litigation, the Minnesota Court of Appeals reversed the injunction in May 2024 and the Legislature codified a residential-density exemption. +12% multifamily permits, ~1% rent growth vs 14% regional.

MultifamilyComprehensive PlanUpzoningMERA

Outcome · ApprovingUpheld May 2024 — legislatively codified

Student HousingSCORE 32/100

312 Units Denied. The 1906 House Was the Weapon.

Fayetteville, Arkansas

Student housing replacing Beverly Manor Apartments and the historic Putman House (c. 1906). Historic demolition + tenant displacement = opposition double-punch. P&Z denied 5-2. Council denied 5-1.

Student HousingHistoric PreservationDisplacement

Outcome · BlockingDenied by P&Z and Council

Build-to-RentSCORE 42/100

259 Units. 3+ Years in Administrative Limbo.

Del Mar, California

259 units on oceanfront bluff. Would solve Del Mar’s entire housing obligation. City deemed all 3 applications ‘incomplete.’ 3+ years in limbo. State AG now enforcing. The Coastal Zone as a shield.

BTRCoastal ZoneAG Enforcement

Outcome · ContestedAdministrative limbo; AG enforcement active

MultifamilySCORE 20/100

Four Density Reductions. Still Denied Unanimously.

New Hanover County, North Carolina

Started as 78-unit apartments, reduced four times to 36 townhomes. Still denied unanimously by County Commissioners. 500-signature petition. The classic death-by-reduction trap.

MultifamilyDensity ReductionUnanimous Denial

Outcome · BlockingDenied unanimously after 4 redesigns

Build-to-RentSCORE 0/100

An Entire Product Type. Banned by Municipality.

Forsyth & Cherokee Counties, Georgia

Multiple Georgia municipalities enacted outright bans on build-to-rent subdivisions. State preemption legislation failed. The BTR ban isn’t in the zoning code — it’s in a separate ordinance.

BTRMunicipal BanProduct Type Prohibition

Outcome · BlockingBTR prohibited; state preemption failed

Senior LivingSCORE 30/100

275,000 SF Denied by Default. No Second Motion.

Roswell, Georgia

Luxury senior living on 13 acres. Planning Commission denied. Council deferred twice, then denied by default — no member made a second motion. 300-signature petition. Eventually settled via lawsuit.

Senior LivingRezoningDefault Denial

Outcome · BlockingDenied by default; settled via lawsuit

Senior LivingSCORE 68/100

Approved. But 91 Trees and a Garden Center Were the Real Fight.

Danville, California

105-unit assisted living on a beloved garden center site. State density bonus applied. 91 trees marked for removal. Neighbor appealed. Council denied the appeal 4-0 — approved with enhanced environmental conditions.

Senior LivingDensity BonusTree Removal

Outcome · ApprovingApproved with conditions

Student HousingSCORE 48/100

Planning Approved. Council Denied 8-7. Six-Hour Hearing.

Lexington, Kentucky

Core Spaces proposed an 8-story student housing zone change near UK campus. Planning Commission approved. 50+ speakers mobilized. Council denied 8-7 after a six-hour hearing, overruling planning staff and the commission.

Student HousingZone ChangePolitical OverrideNear-Split Vote

Outcome · ContestedDenied 8-7 by Council; planning overruled

Student HousingSCORE 30/100

‘We’ve Got to Stop Building Seven-Story Buildings in This Town’

Newark, Delaware

Aptitude Development proposed ‘The Marshall’ — 300+ units, 7 stories, near University of Delaware. A council member’s pre-vote statement became the case: ‘we’ve got to stop building seven-story buildings in this town.’ Tabled without a vote.

Student HousingHeightCouncil OppositionTabled

Outcome · BlockingTabled — no vote taken

Build-to-RentSCORE 15/100

Hillside Development Denied Unanimously. Process Failure.

Fayetteville, Arkansas

LCD Acquisitions sought PZD rezoning at 1875 W Haskell Heights. Planning Commission raised concerns. Developer filed no revised plan. Staff issued a denial recommendation. Commission denied unanimously — a textbook process failure.

BTRPZD RezoningProcess FailureStaff Denial

Outcome · BlockingDenied unanimously by Planning Commission

Affordable HousingSCORE 45/100

A Black Community Opposed Its Own Affordable Housing Project.

Marin City, California

EAH Housing proposed 74 units of 100% affordable housing at 825 Drake Ave. Black residents opposed on equity grounds — Marin City already absorbs a disproportionate share of the county’s subsidized housing. Developer eventually split into 42+32 units across two sites.

Affordable HousingLIHTCEnvironmental JusticeConcentration Risk

Outcome · ContestedSplit into two sites after community opposition

Affordable HousingSCORE 65/100

Anti-Segregation Lawsuit Filed Against Affordable Housing.

Unincorporated San Rafael, California

Eden Housing won approval for 125 units at Marinwood Plaza. The ‘Marinwood Coalition Against Segregation’ sued — arguing concentrated affordable housing perpetuates segregation. SB 439 protection invoked. Lawsuit dismissed. Project proceeds.

Affordable HousingLIHTCPost-Approval LitigationSB 439

Outcome · ApprovingApproved; lawsuit dismissed under SB 439

Senior LivingSCORE 55/100

Approved at 7 Units. Developer Says Economically Non-Viable.

Palo Alto, California

WellQuest Living applied to expand its senior care facility by 16 units. Commission reduced to 13, then 11, then Council cut to 7. A 1987 settlement agreement constrained the site from day one. The developer called 7 units economically non-viable.

Senior LivingCUP1987 SettlementReduction Trap

Outcome · ContestedApproved at 7 units — economically non-viable per developer

Senior LivingSCORE 22/100

A 2-6 Person Care Home Denied on ‘Precedent’ Argument.

Thomasville, Georgia

Cambridge Assisted Living sought a CUP for a small 2-6 person residential care home at 464 Cassidy Road. Neighbors raised a precedent concern: approve one, approve them all. Thomas County accepted the argument and denied.

Senior LivingCUPPrecedent ArgumentSmall Scale

Outcome · BlockingDenied — precedent argument accepted

MultifamilySCORE 82/100

2,402 Units. Ministerial. Upheld by the Court.

Cupertino, California

Sand Hill Property's 58-acre Vallco Town Center became the first major Bay Area SB 35 application. 2,402 units (50% affordable), 1.8M SF office, 400K SF retail, 30-acre green roof. Santa Clara Superior Court upheld the ministerial approval over 'Friends of Better Cupertino' litigation in 2020.

MultifamilySB 35MinisterialHousing ElementCalifornia

Outcome · ApprovingApproved ministerially — court-validated SB 35 eligibility

MultifamilySCORE 78/100

Court Ruling Opened Builder's Remedy Statewide. Coastal Act Still Blocks This Site.

Redondo Beach, California

Leo Pustilnikov / New Commune DTLA filed a Builder's Remedy application for 2,700 homes (540 affordable) on the 49-acre AES power plant site. Redondo Beach unanimously rejected it procedurally. Judge James Chalfant ruled Feb 1, 2024 that the denial was illegal — establishing statewide precedent. But the Coastal Act still gates this parcel.

MultifamilyBuilder's RemedyHousing Accountability ActCoastal ActCalifornia

Outcome · ApprovingLegal viability established — Coastal Commission approval pending

MultifamilySCORE 72/100

16 Applications. 4,562 Units. Two Weeks.

Santa Monica, California

Santa Monica's Housing Element went non-compliant in February 2022. Over the next eight months developers sharpened their pencils. In the final two weeks before HCD recertification on Oct 14, 2022, sixteen Builder's Remedy applications hit the counter — 4,562 units, more than 800 affordable. WS Communities, led by Neil Shekhter, filed twelve of them. The largest proposal: a 15-story, 2,000-unit tower. Most settled May 2023 via density-bonus resubmittal.

MultifamilyBuilder's RemedyHousing Accountability ActHCDCalifornia

Outcome · ApprovingSettled via density-bonus resubmittal — two projects still in permits

HOUSINGSCORE 92/100

Huntington Beach: 120 Days to Comply or the State Takes Over

Huntington Beach, CA

San Diego Superior Court's December 19, 2025 order gave Huntington Beach 120 days to adopt a compliant housing element, restricted land-use authority immediately, and provided for automatic Builder's Remedy approval on missed deadlines. SCOTUS denied cert in February 2026.

Builder's RemedyHousing ElementState PreemptionSCOTUS Cert Denied

Outcome · ApprovingCourt-supervised Builder's Remedy pathway; SCOTUS cert denied

HOUSINGSCORE 86/100

Summit Church v. Chatham County: DOJ-Backed RLUIPA Injunction

Chatham County, NC

Chatham County commissioners unanimously denied Summit Church's rezoning December 16, 2024. DOJ filed a statement of interest in April 2025. Judge William Osteen granted a preliminary injunction on June 20, 2025 on substantial-burden likelihood of success.

RLUIPAReligious Land UseDOJ Statement of InterestFederal Injunction

Outcome · ApprovingPreliminary injunction entered; county enjoined from enforcing denial

HOUSINGSCORE 80/100

Seattle HB 1110: Unanimous Adoption Before the State Deadline

Seattle, WA

Seattle City Council unanimously adopted interim HB 1110 middle-housing legislation on May 27, 2025 — four units on every residential lot, sixplexes near transit — in time for Washington's June 30, 2025 state deadline.

Middle HousingHB 1110State MandateInterim Zoning

Outcome · ApprovingInterim ordinance adopted; state deadline met

HOUSINGSCORE 78/100

Colorado Proposition 123: 90% of Cities at Risk of Losing $350M

Colorado (statewide)

Proposition 123 conditions $350M/year of affordable-housing funding on 3% annual local-supply growth. CPR and KUNC reported in April 2026 that upward of 90% of enrolled local governments could be disqualified from the next three-year cycle unless HB25-1313 passes.

Proposition 123Affordable HousingState FundingCompliance Gap

Outcome · ApprovingOngoing; legislative rescue pending; $130M budget cut applied

HOUSINGSCORE 60/100

UT Austin UNO: Student-Housing Upzone Stalls Past Its Scheduled Vote

Austin, TX

Austin initiated C20-2024-010 — the University Neighborhood Overlay update — in February 2025 and scheduled a June 5, 2025 Council vote. A May 30, 2025 memo postponed it at UT leadership's request. The Daily Texan reported in April 2026 that the vote remains stalled.

Student HousingDensity BonusUNO AustinZoning Update Delay

Outcome · ApprovingUpdate pending; developers continue under current UNO standards

HOUSINGSCORE 30/100

UF Maguire Village & UVS: 348 Affordable Units Demolished

Gainesville, FL

UF demolished Maguire Village and University Village South in 2025 — 44 brick buildings, 348 apartments on 27 acres, primarily housing international graduate families. Graduate on-campus bed count fell 36%.

Graduate HousingUniversity Real EstateAffordable Housing LossCollege Town

Outcome · BlockingDemolition executed; no replacement plan published at demolition; municipal veto unavailable on state-university land

HOUSINGSCORE 62/100

Carmel, IN: Administration Change Pauses Housing Pipeline

Carmel, IN

Mayor Sue Finkam paused two major Carmel redevelopment projects in 2024. Executive Order SF-2024-19 (August 2024) established the Mayor's Advisory Commission on Senior Living. The Carmel Housing Task Force launched February 2024.

Administration Change RiskSenior LivingHousing Task ForceMidwestern Multifamily

Outcome · ApprovingPipeline in policy-review posture; multi-commission engagement required

HOUSINGSCORE 84/100

Braintree 40B: Appeals Court Vacated Denial on 26 Basis Points

Braintree, MA

Zoning Board of Appeals of Braintree v. 383 Washington Street, LLC: Massachusetts Appeals Court affirmed June 18, 2025 that Braintree's 1.65% General Land Area Minimum calculation was wrong; HAC's 1.39% controlled. Conservation acres inside a residential zoning district count toward the GLAM denominator.

Chapter 40BGLAM Safe HarborHAC De Novo ReviewMA Appeals Court

Outcome · ApprovingDenial vacated; comprehensive permit ordered; statewide GLAM methodology reset

HOUSINGSCORE 72/100

Conklin Street, East Farmingdale: First Site in NY's $500M State-Land Pipeline

East Farmingdale, Suffolk County, NY

Governor Hochul announced May 3, 2024 that a 13-acre NYSDOT parcel at Republic Airport on Conklin Street would be the first target of New York's $500M state-land housing capital fund. 20% of units must be affordable at 80% AMI. RFP responses due August 7, 2024.

State-Owned LandFY2025 Housing Agreement80% AMI AffordabilityNYSDOT Surplus

Outcome · ApprovingInaugural site designated; RFP issued; statewide pipeline structure set

HOUSINGSCORE 82/100

NYC City of Yes for Housing Opportunity: Largest Zoning Reform Since 1961

New York City, NY

The New York City Council approved City of Yes for Housing Opportunity 31-20 on December 5, 2024. Buildings with a Certificate of Occupancy on or before December 31, 1990 are now convertible to residential citywide. Town-center zoning permits 2-4 stories of apartments above ground-floor commercial in low-density districts. Floodplain carve-outs remain.

City of YesOffice-to-Residential ConversionTown Center ZoningNYC Zoning Resolution

Outcome · ApprovingAdopted citywide; 80,000-home 15-year target; conversions unlocked without ULURP

HOUSINGSCORE 54/100

Hale Mahinui Kāne'ohe: Three Contested-Case Appeals Stalled a 24-Bed CUP

Kāne'ohe, HI (Windward Oahu)

A 24-bed kūpuna memory-care facility on Kaneohe Bay Drive received a Conditional Use Permit (Major) from Honolulu DPP. Three separate groups of Kaimalu Place-adjacent residents filed contested-case appeals to the City Zoning Board of Appeals. As of October 2025, Civil Beat reports construction has not started.

Conditional Use PermitContested-Case AppealsSenior Care InfillHonolulu ZBA

Outcome · ContestedCUP granted; construction stalled; circuit-court appeal under resident consideration

HOUSINGSCORE 56/100

Emerson NJ: Aviva Senior Living Tests Nursing-Home Exception Carryover

Emerson, Bergen County, NJ

Aviva Senior Living's 122-unit assisted-living redevelopment at 70 Main Street — the former Armenian Nursing and Rehabilitation Center site — argues conditional-use exceptions granted to the prior nursing home apply to the successor use. Building is 43.5 feet vs. 40 feet permitted; FAR is 78.5% vs. 50% permitted. Land Use Board hearings are scheduled February 19 and March 19, 2026.

Assisted LivingSuccessor-Use CarryoverMLUL c(2) VarianceLand Use Board

Outcome · ContestedMulti-hearing Land Use Board process continuing; successor-use theory under test

HOUSINGSCORE 64/100

MA Affordable Homes Act: 287,200 More Homes Under Condo-Conversion Protections

Commonwealth of Massachusetts

The 2024 Affordable Homes Act amended Massachusetts's 1983 condo-conversion law to extend tenant protections from 4+-unit buildings to 2- and 3-family buildings statewide. Per MAPC: the protected pool grew from roughly 45,000 buildings / 433,600 homes to 169,400 buildings / 720,800 homes. Relocation assistance for a 2-bedroom Boston-area rental estimated at $8,000-$10,000.

Affordable Homes ActCondo ConversionTenant ProtectionsMA Acquisition Overlay

Outcome · ApprovingLaw enacted; acquisition-redevelopment math reset; municipal implementation underway

HOUSINGSCORE 88/100

La Cañada Flintridge: First Builder's Remedy to Win in Court

La Cañada Flintridge, CA

On March 4, 2024, LA Superior Court Judge Mitchell Beckloff ordered La Cañada Flintridge to process the 600 Foothill Blvd application (80 residential + 14 hotel + office) under California's Builder's Remedy. Governor Newsom and HCD intervened on the developer's side. The first published superior-court ruling enforcing the provision.

Builder's RemedyHousing Accountability ActHCD InterventionLA Superior Court

Outcome · ApprovingCity ordered to process; precedent cited statewide through 2025

HOUSINGSCORE 84/100

Beverly Hills Linden Drive: Post-Ruling, Developer Doubled the Tower

Beverly Hills, CA

Californians for Homeownership v. Beverly Hills (filed June 2024) and 9300 Wilshire v. Beverly Hills (filed September 2024) were consolidated before LASC Judge Curtis A. Kin. On August 12, 2025, Kin ruled Beverly Hills violated state housing law by refusing to process the 19-story, 165-unit Builder's Remedy project at 125-129 S. Linden Drive. Within weeks, the developer amended the proposal to 36 stories and 350 units.

Builder's RemedyHousing Accountability ActLASCPost-Ruling Upsizing

Outcome · ApprovingCity ordered to process; developer amended to 36 stories / 350 units / 61 affordable

HOUSINGSCORE 80/100

Montana SB 382: Supreme Court Upholds 'Montana Miracle' 7-0

Montana (statewide)

Montanans Against Irresponsible Densification (MAID) filed in Gallatin County district court in December 2023, challenging SB 382 (Montana Land Use Planning Act) and the broader 2023 housing reform package. District Judge Mike Salvagni partially blocked the laws. On March 17, 2026, Justice Beth Baker authored a unanimous 34-page Montana Supreme Court opinion reversing — upholding SB 382 across ten cities including Bozeman, Missoula, and Billings.

Montana Land Use Planning ActSB 382State PreemptionMT Supreme Court

Outcome · ApprovingLaws upheld 7-0; MLUPA framework in force in 10 cities

HOUSINGSCORE 80/100

Goleta v. Shelby: Court Enforces SB 330 for Revised Projects

Goleta, CA

On February 26, 2025, Santa Barbara Superior Court Judge Thomas P. Anderle ruled that Goleta had a legal duty to accept Shelby Family Partnership, L.P.'s SB 330 preliminary application for the revised Glen Annie project. Goleta had argued SB 330 applied only to new projects. Because Goleta lacked a state-certified housing element, the project qualified for Builder's Remedy. The City Council authorized a settlement June 23, 2025 — 11 of 56 units (19.6%) affordable.

SB 330Preliminary ApplicationBuilder's RemedyHousing Accountability Act

Outcome · ApprovingCourt ordered processing; city settled June 23, 2025

HOUSINGSCORE 78/100

8844 Burton Way: Beverly Hills City Council Reverses Planning Commission Denial

Beverly Hills, CA

Crescent Heights, Inc. proposed 8844 Burton Way — a 26-story, 200-unit Builder's Remedy tower with 22 deed-restricted affordable units. The Beverly Hills Planning Commission voted 4-1 on October 21, 2025 to direct a denial and then upheld the denial on November 5, 2025 — citing segregation of affordable units, health and safety, and fire risk. On March 24, 2026, the City Council granted the developer's appeal, with the city attorney concluding the denial violated state housing law.

Builder's RemedyHousing Accountability ActCity Council AppealPost-Linden Precedent

Outcome · ApprovingPlanning denial reversed by City Council appeal March 24, 2026

Industrial

22 cases

Warehouse, logistics, manufacturing, and EV projects where dimensional standards, environmental review, and use classification traps can kill very large deals.

Browse the Industrial vertical

Industrial / EVSCORE 80/100

Mitsubishi Closed. Rivian Bought the Plant for $16M. Now 7,000 Work There.

Normal, Illinois

Mitsubishi shut its Normal, Illinois assembly plant in 2015 and eliminated ~3,000 jobs. Rivian acquired the 2.4M SF facility for $16.5M in 2017 — existing heavy industrial entitlements transferred, no rezoning required. The 500-job incentive projection became 7,000+ actual employees.

IndustrialEVAdaptive ReuseIncentive Package

Outcome · ApprovingApproved by adaptive reuse — no rezoning

Industrial / EVSCORE 85/100

$13.9 Billion. Pre-Entitled Megasite. Same-Day Incentive Approval.

Liberty, Randolph County, North Carolina

Toyota Battery Manufacturing North Carolina at the Greensboro-Randolph Megasite. $13.9B investment, 5,100 jobs, 30 GWh/yr, 14 production lines. NC assembled a pre-entitled megasite over a decade with ~$150M public investment — Toyota's local + state approvals cleared in a single day on Dec 6, 2021. The canonical counter-example to Gotion Michigan.

IndustrialEV BatteryMegasitePre-EntitledNCAdvanced Manufacturing

Outcome · ApprovingApproved — grand opening Nov 2025

Industrial / LogisticsSCORE 75/100

$200M. 855,000 SF. 1,000 Jobs at $15+/Hour. Welcomed.

North Memphis, Tennessee

Amazon's first Tennessee Amazon Robotics fulfillment center at 4055 New Allen Road. Industrial-zoned land in a logistics corridor adjacent to the FedEx World Hub. EDGE PILOT + state FastTrack grant cleared the standard pathway — no contested vote, no litigation, operational in 2022.

IndustrialLogisticsFulfillmentAmazonMemphisBy-Right

Outcome · ApprovingApproved — operational 2022

Industrial / LogisticsSCORE 15/100

They Called It a Warehouse. The Code Didn’t Agree.

Coolbaugh Township, Pennsylvania

A 460,000 SF facility with 96 truck docks was denied because the applicant filed as a ‘warehouse’ — but the code classifies it as a ‘distribution center,’ which is prohibited.

IndustrialDefinitional TrapUse Classification

Outcome · BlockingDenied — prohibited use

Industrial / LogisticsSCORE 68/100

Rejected. Resubmitted Smaller. Approved on the Second Try.

Redlands, San Bernardino County, California

Prologis 193,469 SF distribution warehouse on Tennessee Street. First application rejected on truck traffic and kindergarten proximity. Revised plan — 2% smaller, 1 ft shorter, no cold storage — approved June 24, 2024. Three months later, California passed AB 98.

IndustrialInland EmpireAB 98Revise & Resubmit

Outcome · ApprovingApproved on resubmittal; AB 98 / SB 415 since reset the rules

Industrial / LogisticsSCORE 45/100

$50M Amazon Facility Denied Over Bad Traffic Data.

Essex Junction, Vermont

Amazon’s ‘Project Moose’ — 107,000 SF delivery facility. DRB denied 4-2 because traffic data was ‘incomplete, contradictory, and unreliable.’ A $50M project stalled on a preventable submission error.

IndustrialAmazonTraffic Study

Outcome · ContestedDenied 4-2; Amazon appealing

Industrial / LogisticsSCORE 35/100

$607 Million Derailed by 38 Feet.

Wawayanda, New York

3.2M SF Amazon distribution center. Building would be 103 ft vs. 65-ft limit. ZBA unanimously denied the height variance. $607M and an $80M tax break — stopped by a dimensional detail.

IndustrialAmazonHeight Variance

Outcome · BlockingHeight variance denied unanimously

Industrial / EVSCORE 82/100

$2.6 Billion. Pre-Zoned Industrial Park. Hit Hiring Goal Two Years Early.

Commerce, Jackson County, Georgia

SK Battery America built two EV battery plants on Commerce 85 Business Park — a pre-zoned industrial park. By-right approval, no rezoning. $2.6B fully invested. 3,000 jobs hit two years ahead of schedule. 958 layoffs in 2024-2025 show post-approval demand risk, but the zoning story is clean.

IndustrialEV BatteryBy-RightGeorgia Quick StartPre-Zoned

Outcome · ApprovingApproved by-right — operational; EV-demand pullback 2024-2025

Industrial / LogisticsSCORE 40/100

Denied in a Planned Industrial Zone.

Buckingham Township, Pennsylvania

J.G. Petrucci’s 150,000 SF warehouse was denied by Buckingham Township’s Board of Supervisors despite being in a planned industrial zone. Traffic safety and quality of life arguments prevailed. Both sides appealed. Counterproposal of 40 homes floated.

IndustrialWarehousePlanned Industrial ZoneTraffic

Outcome · ContestedDenied; both parties appealing

Industrial / LogisticsSCORE 72/100

CUP Renewed 10-1. But the Environmental Justice Fight Isn’t Over.

Fort Worth, Texas

A FedEx semi-truck terminal in the historic Black Echo Heights neighborhood had its CUP renewed 10-1. An EJ coalition documented 40+ carcinogens on-site. One council member dissented. The coalition is organizing for the next renewal cycle.

IndustrialCUP RenewalEnvironmental JusticeFedEx

Outcome · ApprovingRenewed 10-1; EJ fight ongoing

Industrial / EVSCORE 15/100

The Motion Never Got a Second. EV Battery Plant Dead on Arrival.

Owens Cross Roads, Alabama

An EV battery recycling plant at 195 Hamer Road drew 1,500 petition signatures and 10 speakers — all opposed. When a council member moved to approve, no one seconded. The project died without a formal vote.

IndustrialEV BatteryNIMBYResidential Adjacency

Outcome · BlockingDead — motion failed to get a second

Industrial / EVSCORE 18/100

$2.4B EV Plant Unraveled After Recall and Funding Default.

Green Charter Township, Michigan

Michigan backed Gotion with major incentives, a recall flipped the township board, Gotion sued, the state later issued a default notice, and the Sixth Circuit dismissed the appeal as moot after the project became nonviable.

IndustrialEV BatteryRecall RiskState IncentivesTownship Litigation

Outcome · BlockingCollapsed after recall, litigation, and funding default

ADVANCED MANUFACTURINGSCORE 60/100

Hyundai Metaplant: Riverkeeper Settlement Cut the Water Clock by a Decade

Bryan County, GA

Hyundai Metaplant America drew ~4 million gallons/day from the Floridan Aquifer. Ogeechee Riverkeeper's January 2025 settlement compressed the replacement-water timeline from 25 years to 15. Georgia EPD then fined HMGMA $30,000 over wastewater violations.

ev manufacturingwater rightsenvironmental ngomegasitegeorgia

Outcome · ApprovingOperational — consent agreement signed April 25, 2025; EPD penalty April/May 2025

ADVANCED MANUFACTURINGSCORE 72/100

Samsung Taylor: $17B Fab + $4.745B CHIPS Award

Taylor, TX

Samsung's Taylor advanced logic fab stacked Williamson County Chapter 381 agreements, a Taylor TIRZ expansion, Taylor ISD abatements, and a $4.745B CHIPS Act direct funding award announced December 20, 2024. Two leading-edge logic fabs plus R&D.

semiconductorchips actchapter 381tirztexas

Outcome · ApprovingApproved — CHIPS award finalized Dec 20, 2024; risk production targeted 2026

ADVANCED MANUFACTURINGSCORE 78/100

Wolfspeed Siler City: $5B Silicon-Carbide Megafab at the CAM Site

Siler City, NC

Wolfspeed chose 445 acres of the Chatham-Siler City Advanced Manufacturing Site for the $5B John Palmour Manufacturing Center. A $76M state JDIG + ~$57.5M site-prep appropriation. First 200mm SiC crystal furnaces energized June 28, 2024.

semiconductorsilicon carbidemegasitejdignorth carolina

Outcome · ApprovingApproved — Phase 1 energized June 28, 2024; capex-cycle diligence continues

ADVANCED MANUFACTURINGSCORE 70/100

Panasonic De Soto: $4B Li-ion Megaplant on the Former Sunflower Army Ammunition Plant

De Soto, KS

Kansas passed the APEX Act in February 2022 specifically to land a mega-investment project. Panasonic Energy selected De Soto for an ~$4B cylindrical Li-ion battery plant at the former Sunflower Army Ammunition Plant. Mass production began July 2025.

batteryev manufacturingapex actbrownfieldkansas

Outcome · ApprovingOperational — mass production of automotive cells began July 2025

WAREHOUSESCORE 20/100

Inland Empire: Nine Cities Suspend Warehouse Projects After AB 98

Inland Empire, CA

California AB 98 (Chapter 928, Statutes of 2024) set statewide logistics-use setback, truck-routing, and design standards. As of early 2026 nine Inland Empire cities — Colton, Hemet, Jurupa Valley, Norco, Perris, Pomona, Redlands, Rialto, Riverside — are in suspension/moratorium posture.

warehouseab 98moratoriumlogisticscalifornia

Outcome · BlockingMoratoria / interim controls active; Moreno Valley declined a moratorium Feb 2026

ADVANCED MANUFACTURINGSCORE 66/100

StarPlus Energy Kokomo: UAW Organizes Battery JV Amid ICE-to-EV Transition

Kokomo, IN

Stellantis-Samsung SDI's StarPlus Energy battery plants sit inside UAW Local 685's 5,000-worker Kokomo footprint. Local 685 called the second-plant announcement a 'spit in the face.' In May 2025, ~420 StarPlus Energy workers voted UAW; Stellantis recognized the unit.

batteryev manufacturinglaboruawindiana

Outcome · ApprovingUAW representation secured May 2025; plant operating under bargaining framework

ADVANCED MANUFACTURINGSCORE 42/100

Micron's $100B Clay Megafab, Sued on Groundbreaking Day

Clay, NY (Onondaga County)

Neighbors for a Better Micron (residents' association led by Bonita H. Siegel) and Jobs to Move America filed an Article 78 petition in NY Supreme Court (Albany) on January 16, 2026 — hours before Micron's January 17 White Pines groundbreaking — challenging a roughly 22,000-page Final EIS reviewed under a 32-business-day public comment window and naming the Onondaga County IDA, NYSDEC, Clay Planning Board, and Micron entities as respondents. Claims center on ~200 acres of wetland impact, PFAS exposure, and CLCPA greenhouse-gas pathway compliance.

semiconductorchips actseqraarticle 78wetlandsnew york

Outcome · ContestedArticle 78 litigation pending; construction proceeding under existing permits. Nine NYSDEC permits issued December 2025 are all named in the challenge.

ADVANCED MANUFACTURINGSCORE 80/100

Lucid's 'Project Saguaro': 1,271 Acres Annexed for a Decades-Long Build

Casa Grande, AZ

On December 1, 2025 the Casa Grande City Council unanimously approved annexation of approximately 1,271 acres, plus an infrastructure and services plan, and rezoning of 1,198 acres from Urban Ranch to I-2 General Industrial and 110 acres to B-4 Community Services — all for Lucid's 'Project Saguaro.' No site plans are approved at this stage; future facilities still require Major Site Plan review. The existing Casa Grande plant sits at ~3.85M sq ft after a January 2024 expansion.

ev manufacturingannexationrezoningland-bankarizona

Outcome · ApprovingApproved — annexation + rezoning locked in December 2025. Referendum organizing around the expansion is surfacing in local coverage but has not reversed the vote.

ADVANCED MANUFACTURINGSCORE 55/100

BlueOval SK Restructure: Ford and SK On Split an $11.4B Battery JV

Glendale, KY + Stanton, TN

Ford and SK On announced on December 11, 2025 that they will dissolve the BlueOval SK joint venture. A Ford subsidiary takes full ownership of the two Kentucky plants at BlueOval Battery Park in Glendale; SK On takes the Tennessee plant at BlueOval City in Stanton. The stated triggers: softer EV demand and the September 30 expiration of the federal $7,500 EV tax credit. The deal is targeted to close Q1 2026; Kentucky is renegotiating its incentive package.

batteryev manufacturingjoint ventureincentiveskentuckytennessee

Outcome · ContestedRestructuring announced; close targeted Q1 2026. SK On plans to use the Tennessee plant for stationary energy storage alongside automotive cells.

DATA CENTERSCORE 72/100

CoreWeave Kenilworth: First $250M Award Under NJ's 'Next New Jersey — AI' Program

Kenilworth, NJ (Union County)

CoreWeave's $1.8B AI data center at the Northeast Science & Technology Center (NEST) — 2000 Galloping Hill Road, the former Merck & Co. campus — landed the first $250M tax credit under NJ EDA's Next New Jersey Program — AI. The facility combines a ~284,500 sq ft retrofit of NEST Building 11 with ~108,100 sq ft of new build for a 392,600 sq ft, 250 MW campus. The company purchased the site for $322M in August 2025 and began construction in September 2025.

data centerai infrastructureedaadaptive reusenew jersey

Outcome · ApprovingConstruction underway; operational target early 2027. Award structured as up to $50M/year over 5 years, contingent on retaining 143 jobs and maintaining NJ presence for 10 years.

Energy & Environment

20 cases

Solar farms, battery storage, cell towers, and renewable infrastructure where agricultural preservation, environmental review, and changing state policy create unique landmines.

Browse the Energy & Environment vertical

Solar / RenewableSCORE 20/100

Third Solar Project Blocked by the Same Community.

Sumter County, South Carolina

170 MW on 1,700 acres. BZA unanimously denied. This was the THIRD solar project this community had blocked. Developer now appealing to the state PSC. The comparable pattern was right there.

SolarAgricultural LandComparable Pattern

Outcome · BlockingDenied; appealing to state PSC

Solar / RenewableSCORE 15/100

One Denied Project Changed the Rules for Every Developer.

Ada County, Idaho

A 2,400-acre solar project on irrigated farmland was denied citing ‘way of life’ concerns. The county then rewrote its zoning code to ban solar on prime irrigated farmland entirely.

SolarFarmlandCode Rewrite

Outcome · BlockingDenied; county-wide solar ban enacted

Solar / RenewableSCORE 75/100

195 MW. 1,800 Acres. IURC-Approved. Operational.

Clinton County, Indiana

AES Indiana's Hardy Hills Solar — 195 MW on ~1,800 acres across Union and Owen Townships. IURC-approved June 2021 under a Certificate of Public Convenience and Necessity; commercial operation May 2024. Meanwhile merchant solar in Fulton, Madison, and White counties stalled. The difference wasn't Indiana — it was utility ownership structure.

SolarUtility-OwnedIURCRural IndianaRate Recovery

Outcome · ApprovingApproved — operational May 2024

Solar / RenewableSCORE 68/100

State Preemption + Road-Use Agreement + $33.7M Tax Revenue. Approved.

Bear Creek / South Fork / King Townships, Christian County, Illinois

Invenergy's Hickory Point Solar navigated rural agricultural preservation concerns in Christian County, Illinois by pairing Illinois PA 102-1123 (Jan 2023) state preemption with a road-use agreement and a $33.7M tax benefit distributed across 15 taxing bodies. The amendment was approved in July 2023; construction phased 2024–2025.

SolarState PreemptionPA 102-1123Agricultural PreservationRural IllinoisInvenergy

Outcome · ApprovingAmendment approved — construction phased 2024–2025

Cell TowerSCORE 85/100

The County Said Nothing. The Court Said That Means Yes.

Culpeper County, Virginia

A wireless infrastructure company filed a special use permit for a cell tower. Culpeper County failed to act within the 150-day Telecom Act shot-clock. The 4th Circuit ruled inaction equals approval. Tower permitted by default.

Cell TowerShot-ClockTelecom ActDeemed Granted

Outcome · ApprovingApproved by default — shot-clock ruling

Cell TowerSCORE 25/100

Stopped a Cell Tower Using Disability Law, Not Health Claims.

Navajo County, Arizona

SBA Communications filed for a 120-ft tower east of Snowflake. A community of ‘environmentally ill’ residents reframed their opposition as an ADA/Fair Housing reasonable accommodation claim. Navajo County denied. SBA filed federal suit.

Cell TowerADAFair HousingEnvironmentally IllNovel Theory

Outcome · BlockingDenied; federal lawsuit filed

Battery Storage / BESSSCORE 20/100

Two Battery Fires in 12 Months. One Moratorium. 320 MW Dead.

Escondido, California

AES proposed a 320 MW / 1,280 MWh BESS at Country Club Drive. Two nearby battery fires in 12 months gave opposition political cover. Escondido enacted a moratorium. AES cut capacity 20% and added setbacks — moratorium extended anyway.

Battery StorageBESSMoratoriumPost-Fire Opposition

Outcome · BlockingMoratorium enacted; project non-viable

Solar / RenewableSCORE 18/100

Is a Solar Farm a Residential Use? Pennsylvania Doesn’t Know.

Corry, Pennsylvania

A utility-scale solar proposal on 16 acres in an R-1 residential zone ran into Pennsylvania’s definitional void: the Municipalities Planning Code doesn’t define solar as a use. Commission split on whether it’s even permitted. Project rejected without a clear legal basis either way.

SolarR-1 ZoneDefinitional TrapPennsylvania MPC

Outcome · BlockingRejected — definitional void

Solar / RenewableSCORE 72/100

100 MW. Rural West Tennessee. Zero Organized Opposition.

Obion County, Tennessee

Origis Energy’s 100 MW Skyhawk Solar announced 2020, COD April 2023. TVA Green Invest PPA routes the output to Google’s Clarksville, TN and Hollywood, AL data centers. Voluntary landowner leases, Obion County PILOT, $23M construction plus $31M lifetime local benefits. No organized opposition surfaced in the record.

SolarTVA Green InvestCorporate PPAGoogleTennessee

Outcome · ApprovingCommercial operation — April 2023

Solar / RenewableSCORE 22/100

State Siting Council Rejected a Solar Farm Over Forest Clearing.

Torrington, Connecticut

Lodestar Energy filed with the CT Siting Council for a 3.0 MW solar farm. CT DEEP and environmental intervenors objected to clearing 41 acres of forested land. The state siting council rejected the application on environmental grounds.

SolarForest ClearingCT Siting CouncilEnvironmental Intervenors

Outcome · BlockingRejected by CT Siting Council

BESSSCORE 18/100

Moss Landing fire triggers Monterey County BESS moratorium

Monterey County, CA

Vistra's Moss Landing BESS — the largest Li-ion installation in the U.S. — ignited January 16, 2025, burned roughly two days, evacuated ~1,200 residents, and closed Highway 1. On October 28, 2025, Supervisor Glenn Church moved a county moratorium; the Board directed staff to draft ordinance language within 30 days.

moratoriumcaliforniabessfire-eventnfpa-855coastal

Outcome · BlockingMoratorium drafting in process. Pairs with Orange County's emergency moratorium and Morro Bay's unanimous two-year ban as a coastal-California BESS pause.

SOLARSCORE 22/100

Richland County OH: SB 52 bans wind+solar in 11 of 18 townships

Richland County, OH

Richland County commissioners used Ohio SB 52 (ORC §§ 303.58–303.59) opt-out authority to designate 11 of 18 townships as restricted areas in July 2025. Citizens collected 3,380 valid petition signatures qualifying a May 5, 2026 countywide referendum. 37+ Ohio counties now carry exclusion zones.

moratoriumohiosb-52county-opt-outreferendumopsb

Outcome · BlockingBan active across the excluded townships; countywide referendum pending. Knox County's Frasier Solar (120 MW) cleared OPSB June 26, 2025 as the non-opt-out counter-case.

SOLARSCORE 54/100

Michigan PA 233: 72 townships + 7 counties challenge MPSC siting order

Michigan (statewide)

Governor Whitmer signed PA 233 (HB 5120) of 2023, giving the MPSC primary siting authority for solar >100 MW, wind >100 MW, and storage ≥50 MW / 200 MWh unless local units adopt a Compatible Renewable Energy Ordinance. MPSC Order U-21547 (October 10, 2024) implemented the framework; 72 townships and 7 counties filed a Court of Appeals challenge November 8, 2024.

litigationmichiganpa-233preemptionmpsccreo

Outcome · ContestedMPSC pathway operating; appellate review pending. Columbia Climate Law Blog (April 2025) noted mid-2025 was the best-case decision timeline per commentators.

SOLARSCORE 72/100

Illinois HB 4412: uniform state-level setbacks, 75-day siting clocks

Illinois (statewide)

Governor Pritzker signed HB 4412 January 2023 as Public Act 102-1123, amending 55 ILCS 5/5-12020. Counties must accept state-level setbacks, cannot require earthen berms, cannot demand developer-funded property-value guarantees, and must complete hearings within 45 days and decisions within 30 days.

approvedillinoispreemptionhb-4412pa-102-1123statewide

Outcome · ApprovingIn force; the least-litigated of the 2023 state-preemption packages alongside Michigan PA 233 and New York ORES Article VIII / 94-c. Illinois utility-solar siting is now one of the most procedurally favorable regimes in the country.

BESSSCORE 16/100

Morro Bay: 5-0 two-year BESS construction ban

Morro Bay, CA

After Moss Landing, Morro Bay City Council voted unanimously 5-0 for a two-year moratorium on battery-plant construction. The adjacent oceanfront BESS project was voluntarily withdrawn by its developer. Morro Bay sits ~160 miles down the California coast from Moss Landing.

moratoriumcaliforniabesscoastalunanimousmoss-landing-fallout

Outcome · BlockingMoratorium in force; prior oceanfront project withdrawn. One node in the coastal-California BESS pause (Monterey, Orange County, Santa Cruz).

SOLARSCORE 32/100

Prince George County VA rejects RWE 100 MW solar after 7-year arc

Prince George County, VA

RWE sought a 100 MW array across 506 acres of a 1,295-acre site. The Board of Supervisors denied the special-use permit. Residents raised health, wildlife, and — decisively — the "power doesn't serve the county, just passes through" offtake framing. Development activity traced back to approximately 2017.

deniedvirginiarural-solar-wallmerchant-pparweofftake-framing

Outcome · BlockingDenied. Part of a regional rural-Virginia rejection belt (Mecklenburg blocked April 2025, Gabriel Solar / Charlotte County denied March 2025, Pittsylvania density cap, Halifax restrictions).

BESSSCORE 20/100

Orange County: Emergency BESS Moratorium in the Wake of Moss Landing

Orange County, CA

On January 28, 2025 the Orange County Board of Supervisors enacted an emergency six-month moratorium on approval of any new Battery Energy Storage System facility in unincorporated Orange County. Vice Chair Katrina Foley initiated the action in a January 22, 2025 letter to the Board citing the Vistra-operated Moss Landing fire, CAL FIRE-designated high and very-high Fire Hazard Severity Zones, county drought status, and the absence of county-level BESS siting guidelines. Staff directed to coordinate with the Orange County Fire Authority on a successor framework.

moratoriumcaliforniabessfire-eventnfpa-855coastal

Outcome · BlockingMoratorium in force for six months; Public Works + OCFA drafting successor siting framework. Pairs with Monterey County moratorium drafting and Morro Bay's two-year ban as the coastal-California post-Moss-Landing pause pattern.

BESSSCORE 34/100

Santa Cruz County: Public Demands Emergency BESS Moratorium After Moss Landing

Santa Cruz County, CA

At the February 11, 2025 Santa Cruz County Board of Supervisors meeting — roughly 20 miles north of Moss Landing — named residents including Becky Steinbruner, Gregory Audino, Marilyn Garrett, and Diane Nicole urged the Board to adopt an emergency moratorium on grid-scale Li-ion BESS, fund CalEPA / DTSC soil testing, and tighten siting rules. They named the New Leaf Energy proposal on Minto Road as a specific concern (addresses cited include 19 Minto Road and 90 Minto Road). Motions at the meeting were made by Supervisor Cummings and seconded by Supervisor DeSerpa. Staff reported existing engagement with county and regional agencies on BESS permitting and safety.

besspre-moratoriumcaliforniamoss-landingpublic-comment

Outcome · BlockingNo formal Board action yet; staff engagement ongoing. Public demand pattern mirrors the precursor signature of the Monterey and Orange County moratoria.

SOLARSCORE 74/100

Frasier Solar: OPSB Approves 120 MW in Knox County, Ohio — Rehearing Denied 8-1

Knox County, OH

On June 26, 2025 the Ohio Power Siting Board approved Open Road Renewables' 120 MW Frasier Solar project 8-1, granting the Certificate of Environmental Compatibility and Public Need for a site spanning Clinton and Miller Townships plus the City of Mount Vernon. Conditions include 62 mitigation requirements, agricultural-style perimeter fencing, 50-ft setbacks from non-participating property boundaries, and 300-ft setbacks from non-participating residences, with up to $42.8M projected in lifetime community revenue (up to $19.4M to Mount Vernon City Schools). Preserve Knox County Ohio (PKCO) appealed July 25, 2025 with 17 property owners joining; OPSB denied rehearing 8-1 on August 21, 2025. Case now before the Ohio Supreme Court with an Ohio Environmental Council amicus in support of the approval.

solarohioopsbsb-52utility-scaleappeal

Outcome · ApprovingOPSB approval and rehearing denial in place; Ohio Supreme Court appeal pending. Counter-case to Richland County's SB 52 township-level opt-out ban.

BATTERY MFGSCORE 60/100

LG Energy Solution Queen Creek: ESS Phase Paused, EV-Cell Plant Moves Ahead

Queen Creek, AZ

LG Energy Solution's $5.5B battery manufacturing complex in Queen Creek — 1.3M sq ft, ~$80M of surrounding infrastructure — is ~50% complete as of May 2025 on its 36 GWh cylindrical EV-cell (46-Series / 4680) line, targeting sample production mid-2026 and full commercial production by end of 2026. The 17 GWh stationary-storage ESS phase is on hold as LG reallocates resources. Honeywell was announced May 6, 2025 as supplier of building automation, security, monitoring, and fire/safety systems. A Change.org opposition petition ('Stop The Battery Factory in Queen Creek, AZ') remains active. Richard Ra, president of LGES Arizona, confirmed the 2026 production targets.

batteryev manufacturingbessproduct-mixarizonaopposition

Outcome · ApprovingPartial delivery posture — cylindrical EV-cell line active; ESS phase paused. Approximately 1,500 full-time operational roles projected by 2027; Pinal County workforce accelerator launched April 2025.

Specialty

32 cases

Cannabis, self-storage, hotels, short-term rentals, churches, car washes, and medical uses with niche regulatory traps that do not fit neatly anywhere else.

Browse the Specialty vertical

CannabisSCORE 55/100

‘Daycare’ vs ‘School’ — One Word Changed the Outcome.

Streeterville, Chicago, Illinois

Approved 3-2 because the Montessori was classified as a ‘daycare’ not a ‘school’ — so the 500-foot buffer didn’t apply. The zoning administrator recommended denial. Definitional ambiguity won.

CannabisBuffer ZoneDefinitional Trap

Outcome · ContestedApproved 3-2 by ZBA

CannabisSCORE 0/100

108 Open Dispensaries Made Non-Compliant Overnight.

Statewide, New York

NY changed the school proximity measurement methodology retroactively. 108 operating dispensaries suddenly non-compliant. 12 sued the state. Governor signed corrective legislation. Regulatory interpretation risk at its worst.

CannabisRegulatory ChangeState Policy

Outcome · Blocking108 businesses affected; corrective legislation

CannabisSCORE 8/100

72.3% of Voters Said No. Banned by Referendum.

Bellville, Ohio

Planning Commission tied 2-2. Village passed a moratorium, hosted forums, then put it to voters. November 2025: 72.3% voted no. Cannabis permanently banned by public referendum.

CannabisReferendumMunicipal Ban

Outcome · BlockingPermanently banned by voter referendum

Self-StorageSCORE 25/100

‘Low Intensity’ Isn’t the Test. They Failed It Anyway.

Fishkill, New York

333-unit self-storage in Restricted Business zone. Developer argued ‘substantially similar’ to permitted uses. Board: ‘That’s not the test.’ Denied. Developer sued calling the decision ‘arbitrary and capricious.’

Self-StorageSpecial Use PermitDefinitional Trap

Outcome · BlockingDenied; developer sued

Self-StorageSCORE 40/100

$12M Project Caught Mid-Entitlement by a Moratorium.

Cape Coral, Florida

Miller Valentine’s $12M self-storage facility was in pre-development when the city enacted a moratorium. Storage was ‘occupying too much prime real estate.’ Modified to separation and setback requirements.

Self-StorageMoratoriumSeparation Requirement

Outcome · ContestedMoratorium enacted; rules permanently changed

MedicalSCORE 12/100

One Exam Room Over the Limit Changed the Use Classification.

La Palma, California

A 5-exam-room urgent care in a PND zone. Municipal code says 4+ offices = ‘medical center/clinic’ = prohibited. Staff denied. Council upheld unanimously. One exam room was the entire case.

MedicalUse ClassificationThreshold Trap

Outcome · BlockingDenied — prohibited use classification

HospitalitySCORE 30/100

Three Years of Hearings for a Boutique Resort.

San Bernardino County, California

Wonder Inn resort project near Joshua Tree. Rural off-grid community launched ‘Stop Wonder Inn’ campaign. Three full years of hearings. Eventually denied. Rural tourism faces the same labyrinth as urban.

HospitalityResortRural Tourism

Outcome · BlockingDenied after 3 years of hearings

Short-Term RentalSCORE 0/100

Citywide STR Ban. Every Investor’s Worst Nightmare.

Grapevine, Texas

Ordinance 2024-007 banned ALL short-term rentals in every single-family zone. No grandfathering. An investor buying after January 2024 for STR use would be buying an illegal operation.

Short-Term RentalAirbnbMunicipal Ban

Outcome · BlockingCitywide ban — prohibited use

HospitalitySCORE 70/100

190-Ft Netting Approved on Unanimous Council Vote.

Cranston, Rhode Island

Carpionato Group repositioned the former Citizens Bank corporate campus as Rhode Island's first Topgolf. Cranston adopted a new C-5 commercial recreation district permitting 190-ft accessory height tied to the use. Unanimous City Council vote (Jan 2019) and unanimous Planning Commission site plan approval (Dec 2019). Opened 2023.

HospitalityCommercial RecreationCorporate Campus ReuseHeight Variance

Outcome · ApprovingApproved — unanimous votes at both bodies

HospitalitySCORE 68/100

20-Trip Cap. 49-Person Events. Napa Found a Compromise.

Napa County, California

Napa County adopted the Micro-Winery Ordinance (Chapter 18.124) in April 2022, creating a 201–5,000 gal/yr production tier with a 20 ADT cap. California AB 720 added a 2026 Estate Tasting Event Permit pilot — 49 persons, 40 ADT. Numeric caps replaced binary allow/ban fights. Standard use permits still 2–3 years, $25K–$50K.

HospitalityWineryMicro-WineryNumeric CapsCalifornia

Outcome · ApprovingCompromise framework adopted — 2022 + 2026 pilot

CannabisSCORE 20/100

Aldermanic Privilege Killed the Dispensary.

Little Village, Chicago, Illinois

A licensed cannabis operator identified 2601 W Cermak Rd in Little Village — zoned B3-2 with Special Use approval. Alderman Sigcho-Lopez testified in opposition. ZBA denied. Aldermanic opposition correlates near-100% with ZBA denial in Chicago cannabis.

CannabisAldermanic PrivilegeChicagoZBA Denial

Outcome · BlockingDenied — Feb 2024

CannabisSCORE 55/100

Town’s Buffer Zones Struck Down as State-Preempted.

Riverhead, New York

Riverhead doubled the state’s 500-foot cannabis buffer to 1,000 feet and denied two applicants. Both sued in Suffolk County Supreme Court. Court struck down the local buffers as preempted by state law. Both applicants won — after a year of delays and legal fees.

CannabisBuffer ZoneState PreemptionLitigation Win

Outcome · ContestedDenied; buffers struck down on appeal

Self-StorageSCORE 10/100

Denied Twice for the Same Site. Then the Town Banned It.

Old Lyme, Connecticut

Self-storage denied twice on the same site. Commission chair cited beach community character. Town then enacted a moratorium restricting self-storage to a single industrial zone. 12+ comparable coastal CT denials were in the public record before either application.

Self-StorageCoastal CommunityDouble DenialMoratorium

Outcome · BlockingDenied twice; moratorium enacted

Religious AssemblySCORE 48/100

The Church Told the Town Their Lawsuit Could ‘Bankrupt’ Them.

Fairview, Texas

The LDS Church proposed a temple with a 173-ft steeple — 395% over the 35-ft height limit. Council denied unanimously. Church attorneys invoked RLUIPA and Texas RFRA, warning the lawsuit could bankrupt the city. Eventually resolved via mediated settlement with a scaled-down design.

Religious AssemblyRLUIPAHeight VarianceMediation

Outcome · ContestedDenied; settled via mediation

Religious AssemblySCORE 72/100

39 Hearings. Denied. DOJ Sued. Township Paid $3.25 Million.

Bernards Township, New Jersey

The Islamic Society of Basking Ridge proposed a 4,250 SF mosque. Bernards Township held 39 hearings over four years and denied on pretextual parking grounds. DOJ filed a parallel RLUIPA pattern-or-practice suit. Judge Shipp found equal terms violation. $3.25M settlement, mandatory training, mosque built — the canonical successful RLUIPA case.

Religious AssemblyRLUIPADOJ EnforcementEqual TermsFederal Court

Outcome · ApprovingSettled after RLUIPA ruling — mosque built

Religious AssemblySCORE 55/100

Federal Court Found Discrimination Against the Islamic Center.

Meriden, Connecticut

Omar Islamic Center applied for a conditional use permit to relocate. Denied on stated grounds that didn’t hold up to scrutiny. RLUIPA lawsuit filed. Federal court found an equal terms violation — comparable assemblies had been approved. City paid damages and attorney’s fees.

Religious AssemblyRLUIPAEqual TermsFederal Court

Outcome · ContestedRLUIPA violation found; damages awarded

HospitalitySCORE 38/100

City Said Yes. Coastal Commission Said Not So Fast.

Half Moon Bay, California

A 102-room Hyatt Place on the California coast. Planning Commission denied 3-2. City Council overrode and approved. ‘Keep HMB Scenic’ filed a Coastal Commission appeal. CCC voted 5-4 to take jurisdiction — triggering a de novo review.

HospitalityHotelCoastal CommissionCCC Appeal

Outcome · BlockingOngoing — Coastal Commission de novo review

HospitalitySCORE 30/100

Had a Development Agreement. City Council Still Said No.

Lakeway, Texas

A 32-room boutique hotel had an executed development agreement for hotel use. The developer filed a CUP. 10 speakers showed up — all but one opposed. The Mayor found ‘no compelling reason’ to approve. Council denied.

HospitalityHotelCUPDevelopment Agreement

Outcome · BlockingDenied — development agreement didn’t prevent denial

HospitalitySCORE 32/100

Host Paid $680M. Then a Bee Species Blocked the Expansion.

Kahuku, Oahu, Hawaii

Host Hotels acquired Turtle Bay Resort for $680M. A 12-year-old EIS became legally vulnerable after the yellow-faced bee was listed as endangered and an albatross colony was found on-site. Earthjustice sued requiring a supplemental EIS. Timeline: 3-5 years.

HospitalityResortEndangered SpeciesEISEarthjustice

Outcome · BlockingSupplemental EIS required; 3-5 year delay

Mixed-UseSCORE 72/100

Rejected for Not ‘Feeling’ Mixed-Use Enough. Federal Judge Disagreed.

Sandy, Utah

A 196-unit mixed-use project was denied by Sandy P&Z because it didn’t ‘feel like mixed use.’ The developer filed a federal lawsuit. Judge Shelby ruled the denial illegal — arbitrary and capricious. Subjective aesthetics aren’t a legal basis for denial.

Mixed-UseArbitrary DenialFederal LawsuitApproved on Appeal

Outcome · ApprovingDenial ruled illegal by federal judge

CANNABISSCORE 28/100

NY CAURD School-Distance Reinterpretation Suit

New York (statewide)

August 15, 2025 — licensed CAURD retailers filed an Article 78 petition in NY Supreme Court (Albany) after OCM's July 2025 reinterpretation of MRTA's school-distance measurement allegedly pushed at least 152 licensed dispensaries into sudden noncompliance. The statute didn't change; the ruler did.

Outcome · BlockingLitigation pending. Combined with the May 2024 2nd Circuit ruling striking CAURD social-equity features, the program has absorbed multiple material legal challenges in an 18-month window.

SPECIALTYSCORE 24/100

Juniper Preserve Psilocybin Service-Center Denial

Deschutes County, Oregon

April 29, 2024 — Deschutes County Hearings Officer denied the Juniper Preserve psilocybin service-center application (cases 247-23-000614-CU / 247-23-000615-SP). One of only two program denials in Oregon's first-in-nation Measure 109 rollout.

Outcome · BlockingDenied. Per the Psychedelic Alpha tracker and OPB reporting (Dec. 14, 2024), 12 of 35 originally licensed Oregon service centers have closed since early 2024, leaving 23 operational.

STRSCORE 44/100

Savannah 20%-per-Ward STVR Cap + Rentalscape

Savannah, Georgia

Savannah's 2017 ordinance caps non-owner-occupied short-term vacation rentals at 20% of residential parcels per ward within the downtown and Victorian historic districts. From July 26, 2024, all STVR applications and renewals route exclusively through the Rentalscape portal.

Outcome · ContestedEnforcement regime modernized. Paper applications rejected. Ward-cap math dominates Savannah STVR site selection; certificates become the scarce asset in capped wards.

STRSCORE 68/100

Oak Creek Mobilodge v. Sedona: AZ Preemption Wins

Sedona, Arizona

November 26, 2025 — Arizona Court of Appeals (Division One) held in Oak Creek Mobilodge v. Sedona (1 CA-CV 25-0135) that Sedona cannot bar mobile-home-park short-term rentals under its housing-emergency policy because A.R.S. § 9-500.39 (the 2016 STR preemption statute) controls.

Outcome · ApprovingAppellate win for STR operator. Sedona has signaled further appeal. League of Arizona Cities pursuing a 2026 statute fix to enable jurisdiction-level STR license caps.

RLUIPASCORE 32/100

Bensalem Township Mosque: DOJ RLUIPA Suit Survives Dismissal

Bensalem Township, Pennsylvania

Bensalem Township denied a use variance for a Muslim congregation's proposed mosque. The U.S. Department of Justice sued under RLUIPA (42 U.S.C. § 2000cc). The federal court denied Bensalem's motion to dismiss, and the parties settled in September 2017. Congregants argued the fire-hall worship space could not accommodate gender separation or ablution.

Outcome · BlockingResolved by settlement, September 5, 2017: DOJ's suit cleared the motion-to-dismiss stage, and Bensalem Township agreed to permit the mosque and amend its zoning ordinance for RLUIPA compliance. Per the DOJ's March 2024 25-year RLUIPA report, mosque cases have been a disproportionate share of federal religious-land-use enforcement since 2000.

SPECIALTYSCORE 42/100

Loudoun County Eliminates By-Right Data-Center Development

Loudoun County, Virginia

March 18, 2025 — the Loudoun County Board of Supervisors voted to end by-right data-center development in the core of Data Center Alley. New applications require special-exception review; existing applications grandfathered. The entitlement speed that defined Loudoun is fundamentally rewritten.

Outcome · ContestedPolicy in force. Underwriting for post-March-18 transactions must model the special-exception calendar, public hearing record, and organized community opposition — the by-right speed advantage is gone.

SPECIALTYSCORE 34/100

Toledo OH: Paired Moratorium on Car Washes and Self-Storage

Toledo, Ohio

Toledo City Council enacted a temporary moratorium on new car-wash and self-storage permits while planning staff evaluate whether these low-employment, land-hungry uses belong on the city's commercial corridors — two asset classes frozen on a single vote.

Outcome · BlockingMoratorium in force; no codified sunset in the publicly available record. Pipeline deals for both asset classes in Toledo are paused or redirected. Comparable Midwest moratoria typically end in revised standards rather than permanent bans.

SPECIALTYSCORE 48/100

Emerson NJ: Inherited Zoning Exceptions on Assisted-Living Redevelopment

Borough of Emerson, Bergen County, New Jersey

The Emerson Land Use Board spent approximately 90 minutes on a single interpretive question — whether zoning exceptions for the former Armenian Nursing Home apply to a proposed assisted-living redevelopment, touching height, partial third-level floor area, and underlying base-zone standards.

Outcome · ContestedUnresolved on the publicly available record. The interpretive outcome determines whether the redevelopment proceeds under legacy exceptions or a fresh variance gauntlet.

RLUIPASCORE 72/100

Adam Community Center v. Troy: RLUIPA Cleared the City's First Mosque

City of Troy, Oakland County, Michigan

U.S. District Judge Nancy G. Edmunds (E.D. Mich.) ruled against the City of Troy's zoning-variance denial in the Adam Community Center case. Per CAIR Michigan, the ruling cleared the path for the first-ever mosque within the City of Troy under RLUIPA.

Outcome · ApprovingFederal ruling cleared the congregation's variance path. CAIR-MI publicly framed the outcome as a template for Michigan Muslim worship facilities. Case enters the DOJ 25-year RLUIPA enforcement record (2024 report).

DATA CENTERSCORE 32/100

Culpeper County: 4-3 Amazon Rezoning Adjacent to National Cemetery

Culpeper County, Virginia

April 2024 — Culpeper County Board of Supervisors voted 4-3 to approve an Amazon data-center rezoning adjacent to the Culpeper National Cemetery. American Legion, VFW, NPCA, and the Coalition to Save Culpeper opposed. A lawsuit followed naming county officials who approved.

Outcome · BlockingApproved 4-3; litigated by Coalition to Save Culpeper and individual resident plaintiffs per Bisnow. Execution track runs alongside litigation track; entitlement certainty is not the same as litigation closure.

DATA CENTERSCORE 38/100

Shenandoah County VA: Pre-Demand Data-Center Policy Drafting

Shenandoah County, Virginia

Following the December 9, 2024 Virginia JLARC report on data centers, Shenandoah County planners began drafting local data-center policy in 2025. The county lacks the transmission infrastructure a large campus would require, and Supervisor Tim Taylor publicly framed transmission build-out as beyond county control.

Outcome · BlockingOrdinance drafting in progress; no named campus application on the public record. Pre-demand policy-writing is one of the hardest entitlement environments to reverse post-adoption.

POLICYSCORE 42/100

Virginia 2026 GA: Thomas HB 155, McAuliff HB 503, and PJM/Dominion Bills

Commonwealth of Virginia (statewide)

Virginia's 2026 General Assembly session opened with multiple data-center reform bills in motion — Del. Thomas HB 155, Del. McAuliff HB 503, and multiple PJM/Dominion-energy bills — anchored by JLARC's December 9, 2024 finding that localities have lost authority on aspects of data-center regulation.

Outcome · ContestedSession in progress. Virginia Mercury characterized the 2025 session as 'a case study in stalling legislation'; 2026 is the test year for whether the stall breaks. Cumulative effect is a higher-friction framework regardless of any single bill outcome.

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