California Building Industry Association v. City of San Jose, California

Summary

Justice Thomas filed a concurring opinion in the Court’s denial of certiorari, noting that the case raises an important but unsettled takings‑clause question about whether the Nollan/Dolan “nexus and rough proportionality” test applies to legislative exactions. He explains that procedural issues, including timeliness, preclude the Court from addressing the substantive question, and therefore joins the denial of review.