Thursday, October 15, 2015
Earlier this summer Stephen Miller blogged about the California Supreme Court's decision in the California Building Industry v. City of San Jose case, in which the court held that San Jose's inclusionary zoning ordinance was a valid exercise of police power and not an exaction. However, the folks at Perkins Coie are reporting on their California land use blog that the California Building Industry Association, through their counsel at the Pacific Legal Foundation, have filed a petition for cert. The jury is still out on whether inclusionary zoning is an effective affordable housing tool, but if SCOTUS grants cert, the issue may be moot. Stay tuned.
Jamie Baker Roskie