A legal battle is brewing in the Willow Glen neighborhood of San Jose where developers want to tear down a swim and tennis club and build condos that will include low-income housing.
The developer is using a California statute called"Builder's Remedy" to fast track the project without needing normal approval from the city.
"It has tennis, an Olympic size pool and a kids pool." said Zalatimo."When you have a unique facility like this that is the center of a community, when this land is converted to private residential, that community is lost." "Cities are suddenly worried about this in a way that they weren't in the past," said Professor Christopher Elmendorf. He teaches land use law classes at UC Davis and is an expert in"Builder's Remedy".
"The Builder's Remedy only applies in cities that haven't adopted an adequate housing plan to accommodate their share of regionally needed housing," said Elmendorf. "The state and our state representatives have basically sided with developers and said developers get carte blanche and the average resident gets no say," says Davis.
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