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Land Use,
Government

Nov. 11, 2021

SB 10 lawsuit misunderstands state-local relationship

Chris Elmendorf

Martin Luther King, Jr. Professor of Law
UC Davis School of Law

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Darien Shanske

Professor of Law
UC Davis School of Law

Email: shansked@ucdavis.edu

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Senate Bill 10, recently signed into law by Gov. Gavin Newsom, allows a city council -- if two-thirds of its members agree -- to rezone urban, transit-accessible parcels for up to 10 units of housing, notwithstanding any restrictions on development previously approved by the city's voters. This modest attempt by the state to enable locally elected officials to approve denser development has been challenged in a lawsuit as an "unprecedented assault" on the local initia...

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