616 Croft Ave. v. City of West Hollywood, Case No. 16-1137
ID 71992608 © Flatbox2 | Dreamstime.com

Amicus Brief

616 Croft Ave. v. City of West Hollywood, Case No. 16-1137

Amicus Brief to the Supreme Court of the United States

The Court has repeatedly recognized that governments can misuse land-use permits to avoid their obligations under the Takings Clause. In response, the Court has limited governments from conditioning a land-use permit on the landowner surrendering a property right.

As this case demonstrates, however, municipalities and counties have devised schemes to evade the prohibition on uncompensated takings. Here, the City of West Hollywood implemented a zoning ordinance that requires developers who build multi-unit housing either (1) to sell or rent a percentage of that housing at below-market prices or (2) to pay an “in lieu” fee that West Hollywood calculates using a formula created by statute.

616croftave_v_cityofwesthollywood_case_16-1137