Here's the cert petition, docketed yesterday, in a case we've been following on legislatively-imposed permit exactions, an issue in dire need of Supreme Court resolution.
Here's the Question Presented:
A City of West Hollywood ordinance requires that builders of a proposed 11-unit condominium pay a $540,393.28 “affordable housing fee” to subsidize the construction of low-cost housing elsewhere in the City. The ordinance imposes the fee automatically as a condition on the approval of a building permit, without any requirement that the City show that the project
creates a need for low-cost housing.
The question presented is:
Whether a legislatively mandated permit condition is subject to scrutiny under the unconstitutional conditions doctrine as set out in Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586 (2013); Dolan v. City of Tigard, 512 U.S. 374 (1994); and Nollan v. California Coastal Commission, 483 U.S. 825 (1987).
Stay tuned, folks.
Petition for Writ of Certiorari, 616 Croft Ave., LLC v. City of West Hollywood, No. 16-1137 (Mar. 21, 2017)...
