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Inclusionary Housing Ordinance Rough Proportionality Test

Miller Starr Regalia

U.S. Supreme Court Denies Review of California Supreme Court Decision Upholding San Jose Inclusionary Housing Ordinance

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February 29, 2016 was a notable leap year day for the United States Supreme Court. To the surprise of most in the courtroom that day, Justice Clarence Thomas asked his first question from the bench in more than 10 years. The...more

Miller Starr Regalia

California Supreme Court Rules that Ordinance Intended to Increase Number of Affordable Housing Units is a Lawful Exercise of the...

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In one of the most widely followed land use cases in recent years, the Supreme Court of California unanimously upheld the City of San Jose’s affordable housing ordinance because it was intended to advance the constitutionally...more

Nossaman LLP

California Supreme Court Holds Inclusionary Zoning Subject to Rational Basis Review

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2013 was a banner year for developers under the takings clause, as both the U.S. Supreme Court and California Supreme Court issued decisions expanding the developers’ ability to challenge exactions as unconstitutional. In...more

Nossaman LLP

California Supreme Court Holds Facial Challenge to Inclusionary Zoning Ordinance Subject to Deferential Standard of Review

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In a decision with major repercussions for the building industry in California, the California Supreme Court unanimously rejected a constitutional challenge to San Jose's affordable housing ordinance. California Building...more

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