California Court of Appeal

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California Building Industry Association v. City of San Jose, H038563

Judgment for plaintiff in action for declaratory and injunctive relief against the defendants to invalidate the defendants' "Inclusionary Housing" ordinance on its face is reversed and remanded, where: 1) the ordinance should be reviewed as an exercise of defendant's police power; and 2) on remand, the superior court must determine, using the proper standard, whether plaintiff has rebutted the presumption that the inclusionary housing conditions are reasonably related to the defendants' legitimate public purpose of ensuring an adequate supply of affordable housing in the community.

Appellate Information

  • Decided 06/06/2013
  • Published 06/06/2013

Judges

  • ELIA

Court

  • California Court of Appeal

Counsel

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