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Erica Perez Perez v. Wayne County

Family fights home equity theft to protect the American Dream

Though Erica Perez and her family spent most of their lives in New Jersey, they had their sights set on Detroit to join their relatives who already lived there. In 2012, Erica and her father Romualdo bought a property containing a four-unit apartment building and a dilapidated single-family home in Detroit for $60,000. They spent three years fixing ...

Gundy v. United States

Congress must do its own job—make laws

The Constitution gives Congress the power to make laws, but not to delegate that power to the Executive Branch. Doing so allows unelected, unaccountable bureaucrats to make rules in violation of the Non-Delegation doctrine. In Gundy, the U.S. Supreme Court will review whether Congress violated the Non-Delegation doctrine by empowering the Attorney ...

Pacetta, LLC v. The Town of Ponce Inlet

Asking the Supreme Court to revive property rights protections

Urged by the town of Ponce Inlet, Florida, Lyder and Simone Johnson bought a number of land parcels and planned a new development through their business, Pacetta, LLC. Town leaders wanted the development so badly, they began revamping the town’s comprehensive land use plan, which would not have allowed the project at the time. But after an el ...

American Federation of Aviculture v. U.S. Fish and Wildlife Service

Thriving golden parakeets no longer need Endangered Species Act protection

Thanks to the efforts of private breeders, the golden parakeet is no longer threatened with extinction. Although the federal government acknowledges the bird’s tenfold increase in numbers, it has refused to comply with a law that requires it to make a final decision to delist or downlist the parakeet within 12 months of that finding. On behal ...

Weyerhaeuser/Markle v. U.S. Fish and Wildlife Service

Government-sanctioned private land grabs over absent animals are illegal

The U.S. Supreme Court opened its fall term on October 1, 2018, with the famous “frog case” out of Louisiana. That’s where federal regulators declared more than 1,500 acres of private land as a critical habitat for the dusky gopher frog—a species not seen in the state for more than 50 years. PLF client Edward Poitevent owns 95 p ...

Ganson v. City of Marathon, Florida

Florida decides couple’s land is for the birds

The Beyer family owns a 9-acre island off the Florida coast that was reclassified from a general zoning designation to a bird rookery that permitted no use of the property other than temporary camping. Instead of offering compensation for this taking of property, as required by the Fifth Amendment, the city offered the Beyers only transferable deve ...

Krause v. School Board of Indian River County, Florida

Florida student teaches school a lesson about free speech

In May of his junior year at Vero Beach High School, J.P. Krause was on the verge of winning the senior class president election when he gave an impromptu campaign speech in his AP U.S. History class, with his teacher’s permission. The 90-second humorous speech skewered some of the tropes of the Trump campaign – “my opponent will rais ...

Marquette County Road Commission v. U.S. Environmental Protection Agency

The EPA can’t escape judicial review of decision to veto a local road

Marquette County, Michigan, is home to the nation’s only nickel mine, and though the nearest refinery is 22 miles away, the only route available is three times as long and goes through the city of Marquette and a university campus. The Marquette County Road Commission, led by Jim Iwanicki (pictured), proposed a new direct road that would shav ...

Robertson v. United States

Montana man unjustly convicted of violating Clean Water Act

Joe Robertson just wanted to protect his property in the Montana woods from the increasing risk of devastating fires. But when Joe built small fire protection ponds and narrow ditch near his land, the federal government criminally prosecuted and convicted him. The EPA said the ditch was a federally protected commercial waterway under the Clean Wate ...

American Municipal Power v. Environmental Protection Agency

Administrative agencies cannot demand perfection

Dozens of industrial companies and trade organizations challenged two Clean Air Act-related boiler regulations imposed by the Environmental Protection Agency (EPA): the Major Boilers Rule and the Area Boilers Rule. These rules allow uninjured citizens to sue regulated companies should their boilers malfunction. Lower courts upheld the rule and the ...

P.I.E., LLC v. DeSoto County

Florida property owners deserve nothing less than just compensation

Florida’s Bert J. Harris Act requires the government to compensate property owners when a regulation “inordinately burdens” private property rights. In this case, Partners in Excavation (P.I.E.) purchased a 50-acre site for $1.25 million for the purpose of excavating fill dirt to be used in their septic contracting work. The prope ...

Casino Reinvestment Development Authority v. Birnbaum

Atlantic City should lose its gamble to take private property rights

Charlie Birnbaum’s family lives in Atlantic City. A casino coveted their land so the New Jersey Casino Reinvestment Development Authority (CRDA) decided to take the Birnbaums’ home and give it to the casino, ostensibly to benefit the state’s economy. Birnbaum sued because giving his property to a privately-owned casino is not a le ...

Wayside Church v. Van Buren County, Michigan

Michigan County takes and sells properties with tax debts, keeps proceeds

When Michigan property owners fall behind on their taxes, the state allows counties to seize and sell the land, and keep all sale proceeds–no matter how small the tax debt or how valuable the property. Van Buren County reaped a major windfall after selling three properties with relatively small tax debts, including a church. PLF believes local go ...

Beach Group Investments, LLC v. Florida Deptartment of Environmental Protection

Florida court demands futile hoop-jumping before seeking redress for a taking

Beach Group Investments bought beachfront land and obtained local permits to build a condominium complex. Subsequently, the Florida Department of Environmental Protection changed its setback requirements and, as a result, rejected Beach Group’s permit application. A trial court held that the inability to build the condo project caused a 96% l ...

School Board of Palm Beach County, Florida

Unions attack–but can’t kill–Florida charter schools

The School Board of Palm Beach County illegally denied South Palm Beach Charter School’s application to start a new charter school, claiming that the school lacks “innovation” and fails to fulfill the state charter statute’s requirement that charter schools “encourage the use of innovative learning methods.” The ...

GolfRock, LLC v. Lee County, Florida

Government stall tactics undermine constitutional takings doctrine

GolfRock sought a permit to mine its land in Lee County in 2005. Several years of government stalling and five application supplements later, the County changed the rules—the local comprehensive plan—to preclude mining on GolfRock’s land. Even after banning mining on the property, the County refused to reach a final decision on GolfRock&# ...

U.S. Army Corps of Engineers v. Hawkes

Landowners win right to challenge wetland determinations in court

Hawkes Company is a family-owned business in Minnesota that harvests peat moss, for landscaping. The U.S. Army Corps of Engineers improperly claimed jurisdiction over the property as regulated wetlands. This put Hawkes in the untenable position of (1) abandoning all use of the land at great loss; (2) spending several hundred thousand dollars to see ...

St. Johns River Water Management District v. Koontz

There’s no “off site” exception to Fifth Amendment’s takings clause

Coy A. Koontz sought to develop commercial land, most of which lies within a riparian habitat protection zone in Orange County, Florida. He applied for a dredge and fill permit with the St. Johns Water Management District, which  agreed to grant the permit only on the condition that he place a conservation easement over his land, and perform mitig ...

Gunnison Sage-Grouse Endangered Species Act Litigation

Drawing a line on federal power under the Endangered Species Act

Colorado and two if its counties challenged the listing of the Gunnison sage-grouse as “threatened” for lack of evidence, and challenged the designation of critical habitat as overbroad. For years, the affected states, counties, and landowners partnered to conserve the species while maintaining economic viability but the federal governm ...

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