They could simply box in California cities on nexus and proportionality. Or, led by Thomas and Alito, they could throw the bomb and say development is a right and not a privilege
By taking a development fee case from El Dorado County, the U.S. Supreme Court may have the chance to narrow current limitations on exactions -- or get rid of them altogether.
Court also concludes the requirement calling for all roads to be built before any private development is constructed runs afoul of the Nollan/Dolan doctrine.
In a blow to the Pacific Legal Foundation, the California Supreme Court rules that Encinitas landowners can't simultaneously sue and build. >>read more
The U.S. Supreme Court has tightened the screws on exactions, ruling in a case from Florida that government agencies must follow the Nollan/Dolan doctrine – even when a permit is denied and when the exaction involves money as well as property.