San Remo Hotel L.P. v. City & County of San Francisco

BAXTER, J., Concurring and Dissenting.

I concur in the majority opinion insofar as it finds the Court of Appeal erred in assessing plaintiffs’ as-applied challenge to the City and County of San Francisco’s (City) housing replacement fee under a standard of heightened scrutiny. I also agree with much of what the majority says about the test that does apply to this exaction. My objections are that in the remainder of its analysis, the majority fails to decide the issues on which we granted review and strains to reach questions that are not fairly included in the review petition.

*680I ask different…