Professor Frank Comments for Daily Journal on Property Rights Case

Professor of Environmental Practice Richard Frank commented for the Daily Journal on the U.S. Supreme Court's order rejecting review of a California Supreme Court decision upholding a San Jose ordinance that requires property developers to set aside a portion of their projects for low- and middle-income residents. The Pacific Legal Foundation sought review, asserting that the ordinance violates the constitutional rights of property owners by requiring them to accept less than market value for their holdings.

Frank said that the Supreme Court's refusal to take up the case may have been influenced by the passing of Justice Antonin Scalia.  "Had he still been on the Court, Scalia quite likely would have supported the Court's granting review in the San Jose case," said Frank. "His death may well have deprived his conservative colleagues of the crucial fourth vote necessary for Supreme Court review."

Frank, a 1974 graduate of King Hall, is a leader in the field of environmental law and the founding Director of the California Environmental Law and Policy Center at UC Davis School.