In a significant setback for the City of Austin, three major zoning ordinances designed to increase residential housing options have been struck down by Travis County District Court. Judge Jessica Mangrum ruled on Monday that the city violated state law and previous court orders when it passed the ordinances in 2022, thus rendering them void from inception. The challenge against these ordinances was brought forward in the case Acuña v. City of Austin, as reported by The Austin Bulldog.
Despite the upheaval, the Affordability Unlocked ordinance, passed in 2019, was confirmed to be still valid, surviving legal scrutiny due to a state law that prevents challenges to municipal ordinances after three years. This ruling comes as a relief to some extent for city officials, as Judge Mangrum's order did not mention any sanctions, a potential blow the city likely dodged. However, the plaintiffs' attorney, Doug Becker, is still aiming to recover $150,000 in attorneys' fees and costs, with a future hearing to address his request, according to the Austin Monitor.
Though the Austin City Attorney, Anne Morgan, stated that the city is committed to complying with all legal judgments related to land development code changes, the absence of the mentioned sanctions in the court's order doesn't detract from the fact that the voiding of the ordinances places several development projects in a precarious position, as per The Austin Bulldog.
