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CALIFORNIA BUILDING INDUSTRY ASSN. v. CITY OF SAN JOSE

No. H038563.

216 Cal.App.4th 1373 (2013)

157 Cal. Rptr. 3d 813

CALIFORNIA BUILDING INDUSTRY ASSOCIATION, Plaintiff and Respondent, v. CITY OF SAN JOSE et al., Defendants and Appellants; AFFORDABLE HOUSING NETWORK OF SANTA CLARA COUNTY et al., Interveners and Appellants.

Court of Appeals of California, Sixth District.

June 6, 2013.

Attorney(s) appearing for the Case

Berliner Cohen, Andrew L. Faber , Thomas P. Murphy ; Richard Doyle , City Attorney, Nora Frimann , Assistant City Attorney, and Margo Laskowska , Deputy City Attorney, for Defendants and Appellants.

Law Foundation of Silicon Valley , Kyra Kazantzis , James F. Zahradka II , Melissa A. Morris ; The Public Interest Law Project, Michael Rawson ; Wilson Sonsini Goodrich & Rosati, Colleen Bal , Corina I. Cacovean ; and David Nefouse for Interveners and Appellants.

Sheppard, Mullin, Richter & Hampton, David P. Lanferman and James G. Higgins for Plaintiff and Respondent.

OPINION

ELIA, J. —

Respondent California Building Industry Association (CBIA) brought this action for declaratory and injunctive relief against the City of San Jose, the San Jose City Council, and the Mayor of San Jose (collectively, the City) to invalidate the City's "Inclusionary Housing" ordinance on its face. The superior court granted the requested relief on the ground that the City had failed to demonstrate a nexus between the challenged...

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