Supreme Court Declines to Hear Challenge to Local Inclusionary Zoning Ordinance

The decision leaves intact local governments’ power to force private developers to build affordable housing.

by Christian Britschgi
Reason.com

The Supreme Court on Monday declined to hear a case challenging the way local government across the U.S. deal with home developers.

Cherk v Marin County. is a lawsuit brought by Dart and Esther Cherk against Marin County, California, in which the pair challenged the county government’s $40,000 fee to subdivide a vacant plot of land they owned and had hoped to sell.

The fee was part of a Marin County ordinance that requires people subdividing parcels of land to either devote a portion of that land to affordable housing or else pay an in-lieu affordable housing fee.

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