For over 100 years, zoning ordinances have regulated what is permitted and what is permitted when it comes to the uses of real property. Since these ordinances were enacted, courts have allowed local elected officials to make policy decisions regarding their local agency’s police power. Many have expressed their worry that now, the California Supreme Court is considering rolling back the court’s deference to local officials.
In the now pending court case of California Building Industry Association v. City of San Jose, the issue is regarding what level of judicial review applies to the adoption of an inclusionary zoning ordinance where the developer is required to set aside a percentage of the units for affordable housing (or pay a fee in lieu of creating affordable housing units).
The plaintiff developers argue that such an ordinance is not a valid exercise of a local government’s police power.
See a full write-up of the issue here.