Best point of view so far
NY DEC Issues Final SEQR Statement on High Volume Hydraulic Fracturing in New York. and makes NY the smartest State in the union!
California Supreme Court Dismisses “Unconstitutional Conditions” Claim Against Legislatively Authorized City Inclusionary Zoning Ordinance
NY loves it when Diversity Wins in CA
Editor’s note: Specials thanks to Edward J. Sullivan for contributing this post.
California Building Industry Assn. v City of San Jose, S212072 (June 15, 2015) involved Plaintiff trade association’s challenge to Defendant City’s ordinance to require developments containing 20 or more units to make 15% of those units available for low or moderate income purchase. The ordinance was a product of several state legislative efforts beginning in 1975 and, although not mandated by law, was in effect in over 170 California cities. The law was passed to increase the number of affordable housing units and integrate various socioeconomic groups into the same development. Plaintiff brought a facial takings claim, though not a typical regulatory takings claim, alleging the ordinance violated the doctrine of “unconstitutional conditions,” by which a claimant seeks a public benefit, but is forced to give up or refrain from exercising a constitutional right (in this case…
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