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: inversecondemnationCalifornia Court Rejects Facial Nollan/Dolan Claim to Affordable Housing Exaction
By Robert Thomas (inversecondemnation.com)
In Action Apartment Ass'n v. City of Santa Monica, No. B201176 (Aug. 28, 2008), the California Court of Appeal (Second District) denied a facial challenge to the city of Santa Monica's affordable housing exaction ordinance. The court relied upon the legislative/adjudicative distinction holding that Nollan/Dolan analysis is only applicable to individual decisions regarding permit applications, and cannot be used to challenge legislative decisions generally applicable.
More about the case after a chance to digest it. The court's opinion is available here.
Full post as published by inversecondemnation on August 29, 2008 (boomark / email).
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