City of Cotati Defends Affordable Housing and the California Tiger Salamander

September 12, 2008, by Meyers Nave

The Pacific Legal Foundation ("PLF") recently filed a lawsuit in federal court against the City of Cotati's inclusionary housing ordinance which requires new development to set aside affordable housing units or pay a fee to finance affordable housing. PLF, who represents the plaintiff developer, claims that the City is trying to force the developer to subsidize affordable housing, thus creating an unlawful taking. Additionally, PLF alleges that a condition imposed on the development project for mitigation of impacts on an endangered species, the California Tiger Salamander, is an unlawful taking. In response to PLF's lawsuit, the City filed a motion to dismiss for failure to state a claim for which relief can be granted. The City is represented by Meyers Nave.

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