Update: cert denied.
This might be academic at this point, since this case was up for consideration by the Court at the September 26, 2011 conference and it didn't make the grant list (yet). But the amicus brief filed by the local chapter of the American Planning Association in City of San Leandro v. International Church of the Foursquare Gospel, No. 11-106 (cert. petition filed July 11, 2011), is worth reviewing for its walk-through of the land use process in one East Bay city.
The brief's bottom line: it's all about planning:
Land use planning and related zoning laws and decison-making enable local governments to preserve their distinct characters. Indeed, a general plan translated long-term values into comprehensive, complicated documents that describe how, why, when, and where to build or rebuild while challenging and inspiring members of the community with a vision of what might be -- and telling them how to get there.
Br. at 12. That should not be a surprise, coming from the APA. Here's the cert petition the amicus brief is supporting.
Brief of Amicus Curiae The California Chapter of the American Planning Association in Support of Petitioner...
