The California Supreme Court has announced that it will be hearing oral argument on a significant inclusionary zoning case, California Building Industry Association (“CBIA”) v. City of San Jose. The announcement marks an end to a year-and-a-half-long wait since the Court first announced it would be reviewing the Sixth District Court of Appeal’s decision. The Court’s decision will also likely indicate whether local governments must conduct nexus studies to justify their adoption of inclusionary ordinances for for-sale housing.


Oral argument will be heard on CBIA v. City of San Jose on April 8 in Los Angeles. The Court normally must rule within 90 days of oral argument, so it will likely reach a decision by early July.


For more information on CBIA v. City of San Jose as it was decided in the Court of Appeal, visit Goldfarb & Lipman’s 2013 law alert.