The Florida HBA said yesterday it will appeal a recent federal ruling that upheld the city of Tallahassee's inclusionary zoning program.
The builders maintained that the law, passed in 2005, constituted a physical taking of property without just compensation, violated due process, and imposed an unlawful tax. The court disagreed, striking down all three builder arguments.
"While we would have preferred to win at the trial level, the issue of the constitutionality of the city's [inclusionary zoning] ordinance is one of law and one in which we always knew would have to be resolved on appeal," said Edie Ousley, a spokesperson for the Florida HBA.
The Tallahassee law says that at least 10 percent of new homes in a development with 50 or more single-family or multifamily homes must be sold for $200,000 or less. The Florida HBA pushed the suit because it is concerned that if Tallahassee's ordinance stands up in court, several other communities across Florida will pass similar laws.
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