Legal Opinion

Home Builders Assn. v. City of Napa

California Court of Appeal

Decided July 2, 2001No. A090437PublishedCited by 17 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

JONES, P. J.

Home Builders Association of Northern California (HBA) appeals from a judgment entered after the trial court sustained a demurrer and dismissed its complaint asserting a facial challenge to an inclusionary zoning ordinance that was enacted by the City of Napa (City). HBA contends primarily that the trial court erroneously applied federal and California takings law. We disagree and will affirm the judgment.

I. Factual and Procedural Background

City, like many other localities in California, has a shortage of affordable housing. This shortage has negative consequences for all…

2Cases cited17 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  3. Agins v. City of TiburonSupreme Court of the United States · 1980
  4. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  5. Dolan v. City of TigardSupreme Court of the United States · 1994

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3Cited by17 opinions

  1. California Building Industry Ass'n v. City of San JoseCalifornia Supreme Court · 2015
  2. Town of Flower Mound v. Stafford Estates Ltd. PartnershipCourt of Appeals of Texas · 2002
  3. Shea Homes Ltd. Partnership v. County of AlamedaCalifornia Court of Appeal · 2003
  4. Rental Housing Owners Ass'n v. City of HaywardCalifornia Court of Appeal · 2011
  5. Action Apartment Assn. v. City of Santa MonicaCalifornia Court of Appeal · 2008

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