Also: Statute of limitations on the Mitigation Fee Act, a request to depublish the Millenium Hollywood case, and the U.S. Supreme decline to hear a takings case from Massachusetts involving a local wetlands ordinance.
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. >>read more
Thirty years ago, in his first big majority opinion -- a land-use case from the California coast -- Antonin Scalia found the colorful and irreverent style that came to distinguish his career on the Supreme Court. And with one clean swipe, he knocked William Brennan out of the box and became the intellectual leader of the court. >>read more