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ANDERSON v. CITY OF SAN JOSE

No. H045271.

42 Cal.App.5th 683 (2019)

SARAH ANDERSON et al., Plaintiffs and Appellants, v. CITY OF SAN JOSE et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

November 26, 2019.

Attorney(s) appearing for the Case

Rebekah Evenson , Cristina Peña Vazquez ; Michael Rawson , Valerie Feldman ; Samuel Tepperman-Gelfant , David Zisser ; Weil, Gotschal & Manges and Adrian Percer for Plaintiffs and Appellants.

Xavier Becerra , Attorney General, Daniel A. Olivas , Assistant Attorney General, Deborah M. Smith and Jessica E. Tucker-Mohl , Deputy Attorneys General; Arnold & Porter Kaye Scholer, Steven L. Mayer , Brain K. Condon ; Antonio T. Hicks and Katherine J.G. McKeon as Amicus Curiae on behalf of Plaintiffs and Appellants.

Richard Doyle , City Attorney, Nora Frimann , Assistant City Attorney, Maren J. Clouse , Deputy City Attorney, for Defendants and Respondents.

Best Best & Krieger, Amy E. Hoyt and Gregg W. Kettles as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

In this appeal we decide whether a California charter city's policy for the sale of surplus city-owned land is preempted by the state's affordable housing law.

The dispute centers on the City of San Jose's passage of City Policy 7-13 (Policy 7-13)...

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