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Land Use and Zoning practice is an almost entirely political process. Although, courts will intervene if there’s arbitrary or capricious action or when zoning actions are challenged as procedurally defective or unconstitutional. Whether it’s guiding clients through political issues or defending land use decisions in state and federal courts, including before the Louisiana Supreme Court, we protect major projects from land use and zoning threats. Our strengths translate into a level of judgment, sophistication, and strategic thinking that few firms, particularly in Louisiana, can match. When a major project is at issue, our knowledge makes a pivotal difference.

Overview

We handle the full scope of zoning and land use issues, ranging from analysis to determine a project’s compliance with existing zoning, to representing clients in zoning application hearings, to actual zoning-related litigation. We counsel clients on land acquisition and development, planning and permitting, zoning changes, conditional use permits, variances, and entitlements. Our attorneys also defend zoning classifications against procedural attacks, statutory interpretation disputes, and constitutional challenges, including claims alleging improper ordinance adoption or amendment.

Managing projects means managing perceptions

Our lawyers are also exceptionally skilled at guiding clients through the political issues of zoning and land use. As a rule, political bodies and the public have a right to weigh in and provide input, particularly on industrial projects. And there’s often strong opposition. Effectively managing this potentially contentious aspect of the process demands a combination of persuasion, legal strategy, and the ability to find common ground.

In high-profile industrial and commercial developments, opposition frequently evolves into litigation. We position projects to withstand judicial scrutiny if approvals are challenged. Typically, this means developing a compelling story about a project. Whether what’s at issue is traffic, environmental concerns, or something else, we excel at managing issues, and developing a convincing, concise, and, above all, impactful case for our clients’ projects.

360-Degree Experience Makes the Difference

Another critical capability we bring to our Land Use and Zoning work is our recognized facility with Louisiana law and government – at every level. The state has 64 parishes, each of which is a separate jurisdiction, and each may have its own land use ordinances, political processes, and influences. We can work effectively in any of them – not many firms can say that, and fewer still have the track record to prove it.

We are also exceptionally adept in helping clients manage projects that require the involvement of multiple government agencies. A dock or terminal on the Mississippi, for example, can involve state levee districts, regional port commissions, the federal Corps of Engineers, and include issues of servitudes, easement rights, Coast Guard issues, and a complex web of sometimes-competing federal, state, and local regulations. Liskow guides clients through all of it.

Our experience extends beyond administrative coordination. We defend land use and zoning decisions in district courts and courts of appeal, and we have successfully reversed adverse rulings before the Louisiana Supreme Court. We have also obtained complete dismissal of constitutional land use claims in the United States District Court for the Eastern District of Louisiana, eliminating prolonged discovery and exposure at the pleading stage through strategic motion practice.

Anticipation helps get projects built

We share your excitement, but anticipation includes helping you see and manage new or changing issues. For example, every five years, parishes and cities go through a comprehensive zoning rewrite or land use plan revision. This is usually an unpredictable and challenging time for clients – a rezoning can be an expensive, high-stakes, game-changing event. We monitor these closely, and if anything seems likely to affect a client, we act.

Modern land use disputes increasingly include constitutional overlay with equal protection, substantive and procedural due process, and takings claims. We evaluate these risks early and take action to manage disputes efficiently including pursuing motions to challenge claims when supported by the law.

Whatever the situation, the issues, or the political landscape, we will help you achieve what needs to get done.

Notable Experience

  • Liskow has been providing ongoing representation of a client seeking to build a grain storage facility on the Mississippi. We ensured faultless compliance to land use and zoning regulations, and the client was then faced with outside groups challenging the project on novel legal theories, including procedural formalities and technical issues. The project is strategically critical to the client, and we’ve been by their side every step of the way as they navigate a series of complex challenges.
  • Liskow achieved a win for Greenfield Louisiana, LLC at the Louisiana Supreme Court in The Descendants Project, et al. v. St. John the Baptist Parish, Case No. 2025-C-00543 in an extended legal battle over the zoning of a $40 million tract of land along the Mississippi River.  The property had been zoned for industrial use by a 1990 zoning ordinance, but the Plaintiffs challenged that zoning on a number of procedural defects in a 2021 lawsuit.  The Trial Court erroneously ruled that the Parish Council had failed to follow its own procedure by making an amendment to the zoning ordinance without consulting the Planning Commission, thereby rendering the ordinance null and void. The Fifth Circuit Court of Appeal affirmed the Trial Court, but the Louisiana Supreme Court reversed that ruling, agreeing with Liskow’s argument that the Parish’s Home Rule Charter prevailed over the Code of Ordinances and did not require submission of the amendment to the Planning Commission.
  • In Woodward Harbor, LLC, et al. v. City of Mandeville, et al., Civil Action No. 23-5824 (E.D. La.), Liskow won a complete dismissal of a developer’s 144 paragraph complaint against the City of Mandeville.  After the rejection of a proposed lakefront development, the developer filed suit in federal court, urging equal protection, due process and federal and state takings claims.  In granting the City’s 12(b)(6) Motions to Dismiss, the district court rejected those claims and denied the Plaintiffs leave to amend,  finding the Plaintiffs failed to plead any viable constitutional claim.

We are known for these strengths

  • Analysis and evaluation of compliance with current zoning and land use regulations.
  • If approval or a variance is available, we assist clients with preparation of the application.
  • We frequently appear at hearings or public forums, including attending community meetings and making presentations on the client’s behalf.
  • We effectively and strategically represent clients before zoning commissions, boards of adjustments, cities, and parish councils
  • If there’s actual litigation, handling as attorney of record as well as making court appearances, and either handling or assisting with litigation at every phase.

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