A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more
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
On February 29, 2016, the Supreme Court of the United States denied the California Building Industry’s petition for writ of certiorari seeking review of the decision of the California Supreme Court in California Building...more
On June 15, 2015, the California Supreme Court issued its decision in California Building Industry Association v. City of San Jose, No. S212072, unanimously upholding the validity of inclusionary housing programs in...more
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
California Building Industry Association v. City of San Jose - Why It Matters: In a much-anticipated ruling, the California Supreme Court has settled for now the question of whether or not a municipality may condition...more
Today, the California Supreme Court unanimously upheld the City of San Jose’s Inclusionary Housing Ordinance, rejecting a facial constitutional challenge brought in California Building Industry Association (CBIA) v. City of...more