News & Analysis as of

California Building Industry Association (CBIA) City of San Jose

Miller Starr Regalia

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

Miller Starr Regalia on

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

Miller Starr Regalia

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

Miller Starr Regalia on

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

Nossaman LLP

U.S. Supreme Court Steers Clear of Two Eminent Domain Cases

Nossaman LLP on

In the last month, the U.S. Supreme Court has declined to hear appeals on two eminent domain-related cases. The first case, California Building Industry Association v. City of San Jose, is one we discussed last year....more

Katten Muchin Rosenman LLP

What Does the US Supreme Court Ruling Mean for Local Affordable Housing Laws?

On February 29, the US Supreme Court denied certiorari in California Building Industry Association v. City of San Jose, 61 Cal. 4th 435 (2015), and leaves standing a unanimous decision by the California Supreme Court...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Denies Certiorari in Challenge to San Jose’s Inclusionary Housing Ordinance; Justice Thomas Suggests The Issue is...

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

Perkins Coie

Building Industry Seek U.S. Supreme Court Review of San Jose Affordable Housing Case

Perkins Coie on

The California Building Industry Association has filed a petition for certiorari in the United States Supreme Court seeking review of the California Supreme Court’s recent decision in California Building Industry Association...more

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Upholds San Jose’s Inclusionary Housing Ordinance

In California Building Industry Association v. City of San Jose (Case No. S212072, filed June 15, 2015), the California Supreme Court upheld an inclusionary housing ordinance imposing affordable housing requirements as a...more

Best Best & Krieger LLP

California's Highest Court Upholds San Jose's Affordable Housing Ordinance

Requirement to construct or provide affordable housing is permissible under California Constitution police powers - This week, in a long awaited decision, California Building Industry Association v. City of San Jose,...more

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