Commercial Builders of Northern California, and Its Affected Members v. City of Sacramento, Council of the City of Sacramento

SCHROEDER, Circuit Judge:

INTRODUCTION

Commercial Builders appeals the district court’s grant of summary judgment in favor of the City of Sacramento in Commercial Builders’ suit challenging a city ordinance to help expand available low-income *873housing. The Ordinance in question conditions certain types of nonresidential building permits upon the payment of a fee intended to offset the burdens on the city caused by low-income workers who move there to fill jobs created by the project in question. Appellants are a group of commercial developers who filed suit contending the ordinance constitutes a…