Exclusionary Zoning

Daniel & Beshara have brought challenges to exclusionary zoning practices. The remedy obtained in the Sunnyvale litigation led to the development of the first low-income housing and the first multifamily rental complex ever developed in the Town. In 1988, Mr. Daniel filed a lawsuit on behalf of Mary Dews, a housing counselor, in a lawsuit against the Town of Sunnyvale challenging the exclusion of zoning for apartments and for affordable housing. Ms. Beshara joined the representation of plaintiffs in 1991. After Mary Dew’s death, the Walker Project, Inc. intervened and maintained the challenge to the Town’s zoning. Judge Buchmeyer ruled the Town’s zoning had both a discriminatory effect on Blacks and perpetuated racial segregation and was enacted with a discriminatory purpose of excluding Black people.  Dews v. Town of Sunnyvale, 109 F. Supp. 2d 526 (2000). The district court held:

“Sunnyvale's ban on apartments and stubborn insistence on large lot, low density zoning also perpetuate racial segregation in Dallas County. The statistics speak for themselves.” 109 F. Supp. 2d at 567.

“First, as discussed above, this Court concludes that Sunnyvale's stated reasons for maintaining one acre zoning, banning apartments, and tabling the Hammer-Smith application, are disingenuous. Second, as explained below with regard to the Arlington Heights test, this Court concludes that Plaintiffs have successfully demonstrated more than a reasonable inference that race was a significant factor in Sunnyvale's planning decisions over the years.” 109 F. Supp. 2d at 570.

The Inclusive Communities Project, as the successor to the Walker Project, Inc., entered into a settlement with the town in 2005 for the provision of 70 low-income housing units. The district court found the Town of Sunnyvale in contempt in 2010 for failing to live up to that agreement. To eliminate the contempt and provide a remedy, the Town provided zoning and paid financial incentives for a 96 unit Low-Income Housing Tax Credit project in the Town. The project was developed and occupied in 2013. The development of this housing was the result of Daniel & Beshara P.C.’s 25 years of litigation of this case.

“Sunnyvale: The Whitest Town in North Texas, How the city has successfully fought for 24 years to keep black people out,” D Magazine, February 22, 2012, provides a summary of the litigation.

The district court opinion is cited by the Dept. of Housing and Urban Development in support of the disparate impact rule. 78 Federal Register 11460, 11469, 11476 (2013).