Join the Comp Plan Lawsuit: We want Justice in Planning!

Join the Comp Plan Lawsuit!

THE DC COMPREHENSIVE PLAN. l a w s u i t.

  • This complaint seeks to hold the city accountable to eliminating displacement of Black families and longtime working DC residents;
  • This complaint seeks to ensure the changes to the DC Comp Plan transfers some of the wealth (at least $85 billion dollars in land value/air rights) generated by changes to the Plan to be redistributed to areas of DC that need it now to repair the harms of the past;
  • And, the complaint seeks the legally required planning impact studies be conducted by DC planning officials transparently to avoid environmental and health impacts on vulnerable DC communities and residents.

SUMMARY OF THE CASE

The Defendants:

District of Columbia Mayor, Muriel Bowser and Deputy Mayor for Planning and Economic Development (“DMPED”), John Falciccio, along with their DC Office of Planning (“OP”), under Director Andrew Trueblood, have published and forwarded to the District of Columbia City Council (“DC Council” or “Council”) substantial changes to the DC’s central planning document, the DC Comprehensive Plan. The changes amount to almost 1500-pages of redline edits to nearly all existing Plan policies and allowing the upzoning of about 200 million square feet of land/air rights throughout the city. See the planning maps in your neck of the woods here >> https://tinyurl.com/dcplanningmaps

DC City Councilmembers are now considering to make the proposed amendments to the Plan permanent law. However, neither the Mayor’s planning agencies nor the DC City Council have ensured the legally required planning reports and impact studies were completed as required by law pursuant to DC Code § 1–306.04, 10A DCMR 2515, inter-alia.

Plaintiffs

Plaintiffs are specifically and concretely impacted DC residents and their families who live and work nearby the proposed upzoning in the Comp Plan maps. Plaintiff’s personal and property interests and enjoyment and use of existing community services they rely on are under threat due a lack of legally required planning expected with any changes to the Plan and FLUM. These proposed changes will permanently alter Plaintiffs’ communities, including the specific and directly adjacent properties where Plaintiffs reside and/or work.

WHAT ARE WE ASKING THE COURT TO DO?

We ask the Court grant a Declaratory Judgment in favor of the Plaintiffs and enjoin Bill 24-1 from being passed into law and implemented until:

• Exhaustive and transparent impact studies are completed, published, and made available for comment as required to ensure the proposed substantial changes to the Comp Plan and planning maps do not harm Plaintiffs and their communities;

• ANC’s are granted great weight responses to their resolutions seeking the above remedy for exhaustive and transparent study of the proposed Comp Plan changes.

INITIAL FILED COMPLAINT — Click Here

HOW CAN YOU BE PART OF THIS LAWSUIT AS A PLAINTIFF. What would I be committing to?

Plaintiffs sign two documents, the complaint itself and a personal statement that describes who you are where you live and how you may be harmed by the proposed upzoning around the city.

Plaintiffs may need to be on one zoom call with the rest of the Plaintiffs to appear before the Court to acknowledge that you have signed the the complaint and attest to that before a judge. Other than that, Plaintiffs will not be responsible for arguing the case at all.

There will be no costs of fees associated with filing the case and the city will not be able to get any expenses from any Plaintiffs as this is not a case about money or assets, its about the law and the harm from not following the law. We are asking the Court demand the city follow the law!

Will there be lawyers helping? YES

Right now, Plaintiffs are proceeding without attorneys with the help of Plaintiff, Chris Otten, co-facilitator of DC for Reasonable Development.

However, we are working with lawyers to come on and appear on Plaintiffs behalf when we file the joint amended complaint by the end of June.

What are the timeline and deadlines?

We have filed the initial complaint on May 18, 2021. However we have yet to serve the Defendants. Summons to the Defendants are due to be out within 60 days.

Once the initial complaint is filed and served, the Court will docket our case. Once the case is docketed, the city will have a chance to respond to the case within a few weeks. In that time period, more Plaintiffs from around the city especially harmed by the Comp Plan upzoning will come on board in an amended complaint and the attorneys will make an appearance on our behalf.

Then in the coming weeks and months there will be electronic filings made by the attorneys for the Plaintiffs and the attorneys for the city, battling it out in asking the Court require the city follow the law regarding planning the changes to the Comp Plan.

Sometime in the next several months there will be a virtual trial to hear the evidence and for the attorneys to battle it out until the Court hands over the evidence and discussion to a jury of our DC peers to make the final verdict.

INITIAL FILED COMPLAINT — Click Here

I AM READY TO JOIN THE COMPLAINT WITH OTHERS! What do I need to do to join the complaint?

Contact Chris Otten, 202 810 2768, dc4reality@gmail.com

By email, send your name, address, and how the planning maps may be changing in your neck of the woods. https://tinyurl.com/dcplanningmaps

* If you live on land that is being changed in the maps, this is very good for your standing. See the planning maps in your neck of the woods here >> https://tinyurl.com/dcplanningmaps

Tell us about yourself, your race, are you in a family that may be affected, do you have children, are you an elder, do you have any particular ailments that may be exacerbated by more population/pollution/construction impacts?

EMAIL YOUR INTEREST TO:: dc4reality@gmail.com

OR CALL: 202-810-2768

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INITIAL FILED COMPLAINT — Click Here