David Hood v. CA Department of Agriculture
Fighting California’s lawless general searches under the guise of pest control
For generations, residents of Southern California's Riverside and San Bernardino Counties have lived in harmony with the citrus trees that dot their private lawns and public spaces alike. The trees aren't just a source of fresh fruit; they're a living connection to the rich agricultural history of the state's "Inland Empire." When an invasive ...
Sanchez v. Torrez
New Mexico landowners defend property rights from state-sanctioned trespassing
Lucía Sanchez is a rural New Mexico rancher and land planner for a local tribal government. She and her brother Miguel, who is a sheriff's deputy, own land in Rio Arriba County, where they raise a few dozen cattle. A national forest surrounds most of the property, and the Rio Tusas Creek runs through it. The non-navigable, knee-deep creek is consi ...
Shear Development Co., LLC v. California Coastal Commission
California Coastal Commission unlawfully blocks home construction
Land in California's coastal zone is among the most heavily regulated in the nation, if not the world. But even California's regulations acknowledge that property owners in the coastal zone have the fundamental right to use and develop their land. The State's Coastal Act, for example, limits the power of the California Coastal Commission to veto re ...
John Doe et al. v. U.S. Dept. of Justice et al.
DOJ’s unconstitutional registry rules trap some Californians in a bind
Nearly 20 years ago, Congress passed a law requiring people convicted of certain sex offenses to register with their states, leaving it up to the U.S. Department of Justice, a part of the executive branch, to write many of the rules governing who must register, how often, what information they must provide, and when they have broken the law. But th ...
Seider v. City of Malibu
Property rights on the line in family’s battle for beachfront signage
Dennis Seider is a retired attorney in California. Given that much of his 40-year career was spent practicing maritime law, it was only fitting that Dennis and his wife, Leah, settled at their beachfront home in Malibu. Situated next to a public beach, the Seiders' property includes an easement for beachgoers that covers a section of the bea ...
Pietro Family Investments v. California Coastal Commission
Builder battles the California Coastal Commission’s basement ban
The three parcels of land that Mike Pietro bought in Monterey County, California, in 2014 represented the culmination of his lifelong dream. The longtime builder had constructed countless buildings and homes for others. This time, one of the homes he planned to build in the mostly built-out Carmel Point neighborhood would be his final retirement ho ...
Barnette v. HBI, LLC
Taking tax-foreclosed property requires proper notice
Walter Barnette is a recently retired mechanic who lives in Council Bluffs, Iowa, just a few miles from Omaha, Nebraska. In 2002, while working in the Omaha suburbs of Sarpy County, Walter bought an acre of land there, intending to one day build a home in the growing suburban neighborhood. As the years passed, however, Walter fell on hard time ...
Shands v. City of Marathon
Government takes family’s land and uses gimmicks to avoid paying for it
In 1956, when World War II veteran Dr. R.E. Shands bought what was then known as Little Fat Deer Key in Florida's Middle Keys, it was an uninhabited island that the federal government owned but no longer wanted. He had hoped to eventually turn his 7.9 acres of land into a family vacation spot but unfortunately passed away before he could do it. The ...
Donnelly v. City of San Marino
Holding local California governments accountable for banning “granny flats”
Cordelia Donnelly thought an accessory dwelling unit—or granny flat—would be a wonderful value-add to her San Marino, California home. So, in 2017, she applied for a permit to build an ADU above her garage, which is unattached to her house. After many rounds of correspondence, demands, and clarifications, the city denied Cordelia's applicati ...