As we noted here, where we posted the petition for review, what might be the first major appellate decision following the U.S. Supreme Court's decision in Koontz may be on the way.
Today, the California Supreme Court agreed to review (order here) the Court of Appeal's decision in California Building Industry Ass'n v. City of San Jose (6th District June 6, 2013), which held that under rational basis review (and not heightend scrutiny) the city of San Jose's affordable housing exaction might survive because it was designed to promote the development of affordable housing, and not to mitigate the impacts of market priced housing.
This is not only a chance for the Cal Supreme Court to resolve the lower appellate court split on the issue, but whether, as the Petition's Question Presented argued, Koontz "governs the judicial review of in-lieu development fees in California. Koontz clarifies that all in-lieu fees are land use exaction, which calls into serious question the [Court of Appeal's] Opinion's holding that in-lieu fees in inclusionary housing ordinances can be upheld as mere exercises of a city's police power."
Are we going to follow this case? Oh, you know we will.
California Supreme Court Conference List 9/12/2013
