Construction Industry Association v. City Of Petaluma,

522 F.2d 897 (1975), cert. denied, 424 U.S. 934 (1976)

Facts

Petaluma faced enormous growth in the late '60s that almost tripled in the early '70s. The city planners imposed a moratorium on development to work out a plan for development. The Plan that was adopted limited growth in a number of ways but the controversial part was the award of the 500 development unit permits. A builder would accumulate points for conformity of his projects with the City's general plan and environmental design, for good architectural design and for providing low and moderate income dwelling units and various recreational facilities. The Plan limited building permits to 500 per year and required even development between the west and east parts of town, and between single-family residence and multiple residential units.