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CA Supreme Court Affordable Housing

Miller Starr Regalia

Supreme Court Holds Legislature’s Case-Driven CEQA Amendments Require Judgment Upholding UC Berkeley’s 2021 Long-Range Development...

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“It ain’t over ‘til it’s over.” Yogi Berra and Lenny Kravitz - In a unanimous opinion filed on June 6, 2024, the California Supreme Court reversed the judgment of the First District Court of Appeal in the controversial...more

Miller Starr Regalia

California Supreme Court Grants Review In Controversial “People’s Park”/Student Housing CEQA Case

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On May 17, 2020, the California Supreme Court granted review of the First District Court of Appeal’s controversial and much criticized published decision in Make UC a Good Neighbor v. Regents of University of California...more

Allen Matkins

Sustainable Development and Land Use Update - 4.24.23

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A federal appeals court on Monday overturned Berkeley’s first-in-the-nation ban on natural gas in new construction, agreeing with restaurant owners who argued the city bypassed federal energy regulations when it approved the...more

Allen Matkins

California Supreme Court Denies Petition for Review of Save Livermore Downtown v. City of Livermore

Allen Matkins on

On April 19, 2023 the California Supreme Court denied the petition for review of the Save Livermore Downtown v. City of Livermore decision issued by the California First District Court of Appeal, which was filed by opponents...more

Allen Matkins

Sustainable Development and Land Use Update - 3.22.23 - #4

Allen Matkins on

A proposed California bill, Assembly Bill 68, would make it harder to build subdivisions in areas prone to fires or flooding. State Assembly Member Chris Ward, who is carrying the bill, said California has enabled an...more

Allen Matkins

Sustainable Development and Land Use Update - March 2022 #2

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UC Berkeley ordered to freeze enrollment due to CEQA lawsuit Associated Press – March 3 The California Supreme Court ordered UC Berkeley last Thursday to freeze its undergraduate enrollment at 2020-21 levels...more

Allen Matkins

Sustainable Development and Land Use Update - February 2022 #2

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Two affordable housing bills introduced by Assemblymember Marc Berman San Mateo - Daily Journal – February 17 - Two bills introduced this week aim to promote affordable housing production. Assembly Bill 2063 would strengthen...more

Holland & Knight LLP

California "In Lieu" Affordable Housing Fees Withstand Constitutional Challenge - U.S. Supreme Court Denies Petition to Review...

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The U.S. Supreme Court on Oct. 30, 2017, denied a petition for certiorari filed by the developers of an 11-unit residential condominium project in the City of West Hollywood seeking to challenge the application by the City of...more

Holland & Knight LLP

West Coast Real Estate Update: June 2016 #1

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California Governor Proposes "Build By Right" Approval Process for Affordable Housing - Recognizing the extreme need throughout California for construction of new affordable housing units, on May 13, 2016, Gov. Jerry...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

Haight Brown & Bonesteel LLP

Affordable Housing: An Unsolvable Riddle in California?

Californians have had no concrete relief in the cost of housing throughout 2015. The state’s Legislative Analyst reported in March that the average California home costs $440,000, which was about two-and-a-half times greater...more

Perkins Coie

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

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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

Perkins Coie

If At First You Succeed, Don’t Try, Try, Try Again

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The Fifth District Court of Appeal has confirmed that the 90-day statute of limitations under the Subdivision Map Act includes takings claims arising out of Map Act decisions. Honchariw_v._County_of_Stanislaus, No. F069145...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

Holland & Knight LLP

California Supreme Court Paves the Way for Ownership Inclusionary Housing - Many Developers Maintain That the Costs Associated...

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In a highly anticipated case affecting residential development throughout California, the California Supreme Court unanimously rejected the California Building Industry Association’s (CBIA) challenge to the City of San Jose’s...more

Farella Braun + Martel LLP

California Supreme Court Upholds Validity of Inclusionary Housing Ordinances

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

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

Latham & Watkins LLP

California Supreme Court Hears Oral Argument Over City’s Inclusionary Housing Set-Aside

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On April 8, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. City of San Jose (Affordable Housing Network of Santa Clara County et al.), S212072, a case with statewide...more

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