KEY POINTS:
- On November 8, a Travis County District Court ruled the City of Austin broke the law again by failing to properly notify local residents of zoning changes and by refusing their opportunity to file protest rights
- Local officials are now preparing yet another citywide rezoning plan, one that will allow nine units on single-family lots by early 2024
- File your protest by December 5 to protect your home and neighborhood from the latest changes
With your help, we won another major court battle against the City of Austin!
On November 8, Travis County District Judge Jessica Mangrum ruled the City of Austin violated both state law and a prior injunction when it failed to properly notify property owners of three major zoning changes passed in 2022.
Right now, city officials are trying to do it again. Their misleadingly named “HOME” initiative is yet another citywide rezoning plan that threatens to eliminate single-family zoning across our community. To suppress your voice, City Hall is once again trying to interfere with your protest rights. They have also scheduled the hearing for December 7, during in the busy holiday season.
Stand up for your rights and file your protest. We will deliver your protest to the city electronically and a hard copy in person. The protest deadline has been extended to December 5—only three weeks away!
- On March 19, 2020, Travis County District Judge Jan Soifer ruled in favor of the plaintiffs in Acuña, et al. v. City of Austin, et al., upholding the rights of local property owners who filed electronic protests in response to CodeNEXT.
- On March 17, 2022, the 14th Court of Appeals unanimously affirmed Judge Soifer’s 2020 ruling after the city challenged it. The appellate court agreed that the city violated state zoning laws and upheld Judge Soifer’s injunction, prohibiting local officials from violating your notice-and-protest rights in the future.
- Within a few months of the appellate decision, the Austin City Council began violating these rights again, passing its “Vertical Mixed Use,” “Residential in Commercial Zoning,” and “Reduction of Compatibility” ordinances without properly notifying tens thousands of local residents. Judge Mangrum recently ruled against the city, indicating she would grant homeowners all requested relief on these three ordinances. This will include voiding the ordinances and a future hearing on attorneys’ fees and sanctions.
“Nearly 90 percent of homebuyers prefer single-family homes, but the overbearing Austin City Council wants to abolish single-family neighborhoods citywide,” said plaintiff and attorney Fred Lewis. “On top of that, the city is now wrongfully claiming that electronic protest rights are invalid. The city must stop violating the law and suppressing public participation. It must do the one thing it has never done: hold real stakeholder deliberations to reach a community consensus on our land development code.”
Three Steps You Can Take to Protect Your Home and Neighborhood from the City of Austin’s “HOME” Rezoning Plan
- File your protest by December 5. A protest helps protect your property from the City of Austin’s “HOME” rezoning plan. If it is approved, any single-family lot 5,000 square feet or larger could be subdivided to allow a total of six units, and a lot of 7,500 square feet could be subdivided to allow a total of nine units. Larger lots could be subdivided even further and hold dozens of units. Thousands of Austinites have already filed their protests. Have you filed yours yet?
- Donate to our effort. Help us fund our costly litigation against the City of Austin, and help us reach Austinites who aren’t aware of the city’s assault on single-family neighborhoods. The more protests that are filed, the less likely the “HOME” rezoning plan will be approved.
- Contact Austin Mayor Kirk Watson and your representative on the Austin City Council using the contact information below. Tell them not to approve the “HOME” rezoning plan because it will hurt Austin!
Mayor Kirk Watson:
kirk.watson@austintexas.gov | 512-978-2100
Natasha Harper-Madison (District 1):
natasha.madison@austintexas.gov | 512-978-2101
Vanessa Fuentes (District 2):
vanessa.fuentes@austintexas.gov | 512-978-2102
José Velásquez (District 3):
jose.velasquez@austintexas.gov | 512-978-2103
José “Chito” Vela (District 4):
chito.vela@austintexas.gov | 512-978-2104
Ryan Alter (District 5):
ryan.alter@austintexas.gov | 512-978-2105
Mackenzie Kelly (District 6):
mackenzie.kelly@austintexas.gov | 512-978-2106
Leslie Pool (District 7):
leslie.pool@austintexas.gov | 512-978-2107
Paige Ellis (District 8):
paige.ellis@austintexas.gov | 512-978-2108
Zohaib “Zo” Qadri (District 9):
zohaib.qadri@austintexas.gov | 512-978-2109
Alison Alter (District 10):
alison.alter@austintexas.gov | 512-978-2110
Check this map if you aren’t sure which council member represents you. You may send a single email to the mayor and all council members using this form.
Together we can build an Austin for everyone!