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Month: October 2017

October 31, 2017

Horrifying government overreach: PLF asks Supreme Court to hear challenge to cemetery access law

Rose Mary Knick owns a quiet, 90-acre, stone-fenced farm in rural Pennsylvania. The parcel is bounded on all sides by old stone walls and no trespassing signs at various intervals. According to the local government, it also contains an ancient burial ground of some sort... ...

October 31, 2017

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business. ...

October 28, 2017

Weekly litigation report — October 28, 2017

City sells townhouse, demolishes it, and then sends new owner bill for the demolition Representing David and Lourdes Garrett, PLF filed  this opening brief in the Fifth Circuit Court of Appeals to challenge New Orleans' unconstitutional destruction of a townhouse on their property. The facts are outrageous: They bought property from the city itsel ...

October 27, 2017

When does a $8.41 tax bill cost you $24,215?

In January 2013, Uri Rafaeli's business—Rafaeli, LLC—tried to pay the overdue taxes for a modest rental home in Southfield, Michigan.  Rafaeli miscalculated the interest due for the delinquent 2011 taxes and underpaid by $8.41. A year later, Oakland County foreclosed on the property. The County then auctioned the property for $24,500 and kept ...

October 27, 2017

Seattle’s income tax is cynical and unconstitutional

Earlier this week, PLF filed a motion for summary judgment in Shock v. City of Seattle, challenging the constitutionality of Seattle's decision to impose an income tax on so-called "high earning" residents. The City did this despite multiple decisions from the Washington Supreme Court holding that a targeted income tax violates the Uniformity Claus ...

October 27, 2017

PLF files renewed motion to dismiss in lawsuit that challenges use of the Congressional Review Act

Today, PLF filed a renewed motion to dismiss in Center for Biological Diversity v. Zinke, a case that challenges Congress' use of the Congressional Review Act to overturn a Department of Interior regulation that severely restricted certain types of hunting in Alaska's National Wildlife Refuges. PLF's motion, filed on behalf of itself and its client ...

October 26, 2017

Federal court issues mixed decision on jaguar critical habitat challenge

In 2014, the federal government designated thousands of acres in New Mexico as "critical habitat" for the jaguar. The designation is absurd, because jaguars prefer the wet, tropical climates of Central and South America forests, to the dry, arid wilderness of the Southwest. Few jaguars have ever been found in New Mexico, while thousands have ...

October 26, 2017

New Orleans unconstitutionally demolishes personal property

"We were blindsided by the city," said PLF client David Garrett. "You deserve at least a phone call or letter from the government—and an opportunity for a hearing—before it sends over a bulldozer. The city's failure to contact us was simply outrageous." ...

October 25, 2017

Spreading the news about property rights

This past week I had the opportunity to share the importance of private property rights on two occasions before two very different audiences. First, I participated in a Federalist Society luncheon debate/panel at my alma mater, the University of Florida College of Law, about regulatory takings law and PLF’s most recent case heard on the meri ...

October 24, 2017

PLF reminds California that the Constitution protects property rights

Today, PLF submitted comments to the California State Lands Commission on its Draft Public Access Guide to California's Navigable Waters. The Guide purports to restate the law related to public use of waterways within the state, but it leaves much to be desired – especially for property owners. Specifically, the Guide implies that California has ...

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