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PITTSBURGH, PA – The legal battle intensifies as Eckert Seamans Cherin & Mellott seeks to recover nearly $76,000 in unpaid legal fees from the Builders Association of Metropolitan Pittsburgh (BAMP). The dispute arises from a federal lawsuit over an "inclusive zoning" ordinance that mandates affordable housing in certain new developments.

Eckert Seamans Sues For Inclusive Zoning Fight Fees: Ongoing Legal Tensions

Eckert Seamans initially represented BAMP in challenging a city ordinance designed to integrate affordable housing into gentrifying neighborhoods. The law firm, however, parted ways with the association last summer due to unresolved payment issues.

The complaint, lodged in the Allegheny County Court of Common Pleas, details Eckert Seamans' efforts to secure payment after their withdrawal. "Eckert Seamans made multiple attempts to resolve the payment issues amicably," the firm stated, indicating further communications with BAMP's executive and president had taken place.

In January 2024, BAMP did issue a partial payment, but Eckert Seamans claims it has not received the full amount due, leading to the current lawsuit for breach of contract.

Eckert Seamans Sues For Inclusive Zoning Fight Fees: Details of the Inclusive Zoning Ordinance

The ordinance at the heart of the dispute, known as the Inclusionary Zoning Ordinance (IZ-O), requires that developments with over 20 units in select neighborhoods reserve at least 10% of housing for low-income residents. Initially trialed in Lawrenceville, the mandate has since expanded to include Polish Hill and Bloomfield, reflecting Pittsburgh's commitment to affordable housing amidst rapid urban development.

BAMP's lawsuit against the city argued that the IZ-O was a form of unconstitutional property taking and violated state laws against undue business restrictions.

Legal Proceedings and Representation Shifts

Eckert Seamans navigated the lawsuit through significant legal hurdles, including opposing community groups' attempts to intervene. However, financial disagreements led them to inform the federal court of BAMP's unpaid bills, resulting in their withdrawal in June. Subsequently, BAMP has engaged Leech Tishman Fuscaldo & Lampl LLC for legal representation.

Despite partial payments and credits acknowledged by Eckert Seamans, including a substantial "courtesy discount," the full settlement remains elusive.

Looking Ahead

As the case progresses, with Eckert Seamans represented by in-house counsel Timothy S. Coon and William A. Betts, the legal community watches closely. This lawsuit not only highlights challenges within legal-client relationships but also underscores the complex interplay between urban development and housing policy.

The case, formally known as Eckert Seamans Cherin & Mellott v. Builders Association of Metropolitan Pittsburgh, continues to unfold in Pennsylvania's legal landscape.