HOME BUILDERS ASSOCIATION OF NORTHERN CALIFORNIA, Plaintiff and Appellant,
v.
CITY OF NAPA et al., Defendants and Respondents, Napa Valley Community Housing et al., Intervenors and Respondents.
Court of Appeals of California, First District, Division Five.https://leagle.com/images/logo.png
June 6, 2001.
Rehearing Denied June 27, 2001.
As Modified July 2, 2001.
Review Denied September 12, 2001.
Attorney(s) appearing for the Case
Paul Campos, San Ramon; Pacific Legal Foundation, James S. Burling and Mark T. Gallagher, Sacramento, for Plaintiff and Appellant.
Harding Larmore Kutcher & Kozal, Christopher M. Harding and Kenneth L. Kutcher, Santa Monica, for California Housing Council and Apartment Association of Greater Los Angeles as Amicus Curiae on behalf of Plaintiff and Appellant.
Hyde, Miller, Owen & Trost, Kirk E. Trost; Thomas B. Brown, City Attorney, City of Napa, for Defendant and Respondent City of Napa.
Goldfarb & Lipman, Richard A. Judd for Napa Chamber of Commerce, Napa Valley Farm Bureau, Napa Valley Grape Growers' Association, 72 California Cities and California State Association of Counties as Amicus Curiae on behalf of Defendant and Respondent.
Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, J. Matthew Rodriguez, Senior Assistant Attorney General, Tara L. Mueller, Deputy Attorney General, for the People of the State of California as Amicus Curiae on behalf of Defendant and Respondent.
California Affordable Housing Law Project of the Public Interest Law Project, Michael Rawson; Western Center on Law and Poverty, Dara L. Schur; Howard, Rice, Nemerovski, Canady Falk & Rabkin and Steven L. Mayer, San Francisco, for Intervenors and Respondents Napa Valley Community Housing, Non-Profit Housing Association of Northern California, Housing California, Patricia Domingo, Heather Clayton, Donna Simon, Hilda Avina, Rainy Stegall and Hector Candelario.
Legal Aid of Napa, Richard A. Marcantonio, San Rafael, for Intervenors and Respondents Patricia Domingo, Heather Clayton, Donna Simon, Hilda Avina, Rainy Stegall and Hector Candelario.
Court of Appeals of California, First District, Division Five.
Certified for Partial Publication.*
JONES, P.J.
Home Builders Association of Northern California (HBA) appeals from a judgment entered after the trial court sustained a demurrer and dismissed its complaint asserting a facial challenge to an inclusionary zoning ordinance that was enacted by the City of Napa (City). HBA contends primarily that the trial court erroneously applied Federal and California takings law.
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