Real Property Law
Cal. Real. Prop. Journal 2018, VOL. 36, NO. 2
Content
- 2017-2018 Executive Committee of the Real Property Law Section
- 2017-2018 Real Property Journal Editorial Board
- 2017 Law Student Writing Competition Winning Article: the Future of Drones is the Railroad
- Handling Evictions of Unknown Occupants Before Trial
- Major Reforms to Housing Accountability Act Come to California: New Law Increases Developers' Ability to Secure Approvals for Housing Development Projects
- MCLE Self Study Article: Eminent Domain & Inverse Condemnation: 2017 in Review
- State of the Real Property Law Section 2018
- Table of Contents
- The Revolution That Wasn't: U.S. Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West Hollywood
The Revolution That Wasn’t: U.S. Supreme Court Refuses to Hear California Court of Appeal Case Upholding Inclusionary Zoning in West Hollywood
Gregg W. Kettles1
Gregg W. Kettles is a Partner at Best Best & Krieger, LLP.
I. INTRODUCTION
Against the backdrop of a deepening affordable housing crisis in California, the U.S. Supreme Court recently declined to review a decision of the California Court of Appeal upholding the City of West Hollywood’s inclusionary zoning ordinance. The ordinance was challenged by a developer, 616 Croft Ave LLC (the "Developer"), who, after declining to provide the affordable housing units required by the ordinance, paid an in-lieu fee under protest. The Developer filed a lawsuit, claiming that the City’s ordinance is an unconstitutional condition/exaction and that the burden was on the City to prove the "reasonableness" of the fee under the Mitigation Fee Act and other authorities. The trial court ruled for the City and, in a published opinion, the court of appeal affirmed.2