The court’s refusal to hear the case, however, hinged on legal technicalities, rather than developers’ allegation that requiring them to set aside portions of their projects for below-market pricing constitutes an illegal seizure of property without compensation.
In the absence of a decision on that core issue, the California Supreme Court’s ratification of San Jose’s ordinance stands, removing a legal cloud on inclusionary housing laws in a number of cities and indirectly encouraging more communities to adopt them.
