CityLab Daily: Will the Supreme Court Strike Down Inclusionary Zoning?

Home court: The Supreme Court is in session starting today, and in addition to the many hot-button issues already on the docket, this term may also test the constitutionality of a powerful affordable housing tool. Property developer plaintiffs have asked the highest U.S. Court to hear Dartmond Cherk, et al. v. Marin County, California, which could mean a definitive ruling on inclusionary zoning.

Just across the Golden Gate Bridge from San Francisco, the wealthy enclave of Marin County has long been at the forefront of efforts to stop new construction, with opposition to almost any new housing resulting in the highest racial disparities of any county in California. But in this case, the county has a law on the books that requires paying a fee to produce affordable housing, which the Supreme Court could use as a wedge to reshape property rights. “In a twist, Marin County’s extraordinary commitment to NIMBYism may wind up helping the Roberts Court land a haymaker against progressive policies,” writes CityLab’s Kriston Capps. Read his story: Will the Supreme Court Strike Down Inclusionary Zoning?