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

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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