In light of recent news out of San Mateo, I am posting a DRAFT of an article. Conclusion: Home rule does not protect charter cities against preemption of land use authority. Comments welcome. @ProfSchleich @CSElmendorf @carla_org @Yimby_Law papers.ssrn.com/sol3/papers.…
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Curious: If this is a slam-dunk argument, why is appeal being seen as a risk?
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mobile.twitter.com/noahkayra… may also be relevant. (If the plaintiffs didn't brief something that the judge asked for... is that just an unrecoverable mistake at this point, as far as this particular case goes?)
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Nov 12, 2019 · 11:05 PM UTC

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its a bit complicated, but tl;dr: initial briefings from both sides didn't include the constitutional issue, then judge asked for further briefing including that question...
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