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Property Rights

Sheffield v. George P. Bush, GLO Commissioner

Texas moves the public beach onto private, residential properties

Charles Sheffield is a long-time Texan and surfer who bought beachfront homes in Surfside Beach as a retirement investment. Merry Porter is a native Texan and resident of Surfside Beach who owns and uses a small beachfront home for rental income. In March 2021, without prior notice or compensation, the Texas General Land Office moved the public bea ...

Dupere v. Town of Dartmouth, et al.

State’s home equity theft scheme robs family, funds private company’s windfall

Home is everything to Tina Dupere, and in 1996, she moved back into her childhood home in Dartmouth, Massachusetts, to live with her mother, Mary Ann. In 2011, Mary Ann suffered a permanently debilitating stroke. Tina’s income as an advocate and caretaker for people with developmental disabilities was no match for her mom’s costly medic ...

Foster v. U.S. Department of Agriculture

Farming family fights government’s unconstitutional restrictions on their livelihood

Arlen and Cindy Foster are third-generation farmers in Miner County, South Dakota. They have a long history of responsible land conservation, including the tree line Arlen’s father planted to prevent erosion. In the winter, deep snow drifts pile in the tree belt and come spring, the melting snow collects in a farm field. A federal agency rule ...

Tyler v. Hennepin County

92-year-old widow fights home equity theft in Minnesota

When crime moved into Geraldine Tyler’s Minneapolis neighborhood in 2010, she moved out. The elderly widow was living alone and, sharing her family’s alarm about her safety, she hastily left behind the one-bedroom condo she owned and rented an apartment in a safer area. While Geraldine and her family focused on her health and safety, un ...

cedar_point-Nursery Cedar Point Nursery v. Hassid

Supreme Court affirms property rights for California fruit growers

Cedar Point Nursery and Fowler Packing Company are California growers that produce fruit for millions of Americans. Collectively, they employ around 3,000 Californians. In 2015, the United Farm Workers (UFW) viewed the workers as ripe for the picking and sent union organizers to storm the workplaces during harvest time to encourage them to unionize ...

Iten v. County of Los Angeles

Small commercial landlord fights Los Angeles County eviction ban

Howard Iten is a retired auto mechanic who greatly depends on rental income from his one commercial property in Lawndale, California. His current tenant, however, is an auto repair franchisee who has refused to pay much of his rent during the COVID-19 pandemic, even though his business has been fully open the entire time. He owes Howard thousands o ...

Mucciaccio v. Town of Easton and Tallage Lincoln, LLC

A family’s loss is a private company’s windfall in state’s home equity theft scheme

Mark and Neil Mucciaccio treasure their deep family roots in Easton, Massachusetts. In fact, the brothers still live in their childhood home with Mark’s wife, stepdaughter, and two grandchildren. A streak of financial hardship and family medical troubles that began in 2013 left them struggling to keep up with their property tax bills. In 2016 ...

Feltner v. Cuyahoga County Board of Revision

Ohio county’s illegal tax foreclosure robs property owner and taxpayers

Elliot Feltner inherited his father-in-law’s Cleveland, Ohio, autobody shop in 2012 and discovered the property, while valued at $144,500, had a property tax debt of more than $65,000. He decided to sell it to pay the debt and even found a buyer, but before he could complete a sale, the county took his property without paying him for his $80, ...

Seider v. City of Malibu

Property rights on the line in family’s battle for beachfront signage

Dennis and Leah Seider simply want to alert beachgoers to where the public right of access to the beach ends, the Seiders’ private Malibu property begins, and the way to the nearby public beach. Their best hope to protect their property rights and avoid potential confrontations with beachgoers would be a sign. But that hope faded when they le ...

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