Palmer Kearney Mesa Properties, LP v. City of San Diego

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 23-cv-1755-DMS-BJC PALMER KEARNY MESA

PROPERTIES, LP, a California limited ORDER GRANTING DEFENDANT’S partnership; GH PALMER, INC., a

MOTION TO DISMISS

California corporation,

Plaintiffs, v. 15 CITY OF SAN DIEGO, a California 16 municipal corporation, 17 Defendant. 18 Pending before the Court is Defendant City of San Diego’s motion to dismiss for lack of jurisdiction or for failure to state a claim. (ECF No. 13.) Plaintiffs challenge the validity of the City of San Diego’s Inclusionary Affordable Housing Regulation, San Diego Mun. Code §§ 142.1301–14. For the reasons that follow, the City’s motion is granted. I. BACKGROUND A. The IAHR The City of San Diego (“the City”) first adopted an inclusionary housing ordinance known as the Inclusionary Affordable Housing Regulations (“IAHR”) in 2003 with the purpose of “encourag[ing] diverse and balanced neighborhoods with housing…