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The U.S. Supreme Court decided on Monday not take the appeal in California Building Industry Association v. City of San Jose, the case in which the California Supreme Court upheld San Jose's inclusionary housing requirement. But the court was not completely silent.
In concurring with the decision to pass on the case - a decision that not accompanied by a written opinion by the court -- Justice Clarence Thomas said he believes that the question of whether disproportionate exactions can be imposed on developers in legislative actions - as opposed to quasi-judicial action - is not settled.
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