Michael Pung v. Isabella County
County seizes family home over tax bill that was never owed
The Supreme Court will decide whether Scott Pung’s heirs are entitled to the equity they had in their longtime family home.
Shear Development Co., LLC v. California Coastal Commission
California Coastal Commission unlawfully blocks home construction
Shear Development is asking the California Supreme Court to reverse the CCC’s unlawful permit denial, confine the CCC to its proper role under the Coastal Act, and affirm that courts, not agencies, should resolve questions of statutory interpretation
Sheetz v. County of El Dorado
Supreme Court rules against extortionate permit fees
Once his land was ready and all George needed was a county building permit, he was stunned when told he could have his permit, but only if he paid a so-called traffic impact fee of more than $23,000. George weighed the immense cost against the hard work he put into his land and his yearning for a retirement home, and he paid the fee under protest. The County ignored his protest, so George sued, arguing the fees constituted an unconstitutional permit condition under three Supreme Court decisions—including two PLF victories.
Hall v. Meisner
Michigan families fight to close state’s home equity theft loophole
When Tawanda and Prentiss Hall fell behind on their property taxes, they did what many financially strapped homeowners do: set up a payment plan with the local government. They didn’t want to lose the Southfield, Michigan home where they lived with their children. The Oakland County treasurer ended the plan, however, with the tax debt standing at $22,642, and foreclosed on their home. The Halls were shocked to learn that the foreclosure took from them not only the value of debt but every penny of equity they had built up in the house. Instead of selling the house at public auction, paying off the debt, and returning the surplus (minus interest and penalties) to the homeowners, the county used the Halls’ money to enrich a private company, Southfield Neighborhood Revitalization Initiative, LLC, managed by City of Southfield officials.
Tyler v. Hennepin County
Victory! Supreme Court declares home equity theft unconstitutional
On May 25, 2023, the Supreme Court announced a unanimous decision in favor of Geraldine, ruling that home equity theft violates the Takings Clase of the Fifth Amendment. The Court explained that property rights are fundamental and cannot be erased by a state statute that redefines them out of existence. “The taxpayer must render unto Caesar what is Caesar’s,” Chief Justice John Roberts wrote in the decision, “but no more.”
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 $80,000 in equity or collecting any of the taxes owed. The county instead cancelled the debt and gave the property to the County Land Bank—which, in turn, gave the property to a private business, as allowed by state law. The Ohio Supreme Court denied Elliot’s claim for just compensation for his loss. Because government cannot take more than it is owed, Elliot asked the U.S. Supreme Court to take up his fight.
Peter Stavrianoudakis, et al., v. United States Department of Fish & Wildlife and California Department of Fish & Wildlife
Falconry regulations run afoul of the Bill of Rights
Peter Stavrianoudakis is a longtime licensed falconer in California who just wants to do what people have been doing for thousands of years—raise and train falcons. But state and federal regulations have become so restrictive, he and fellow falconers around the country are left to choose between their falcons or their constitutional rights. Pacific Legal Foundation has filed a federal lawsuit on behalf of Peter and other falconers, as well as the American Falconry Conservancy, challenging the constitutionality of falconry regulations enforced by both the California and U.S. Fish and Wildlife Departments.
Taylor v. Polhill, et al
Florida’s outdated licensing robs hearing, livelihoods
In Florida, you need a license to sell hearing aids. Dan Taylor of Melbourne, Florida, gave up his license after 30 years, because Florida’s outdated regulations were made for older hearing aids, not the updated, technologically sophisticated models he and his customers prefer. In a federal lawsuit on behalf of Dan, PLF argued that Florida’s licensing scheme increases cost and reduces access to modern hearing aids—and they’re even preempted by federal laws aimed at reducing unnecessary regulation.
Rafaeli, LLC v. Oakland County
Michigan County Steals House for $8 Debt
In 2014, Oakland County, Michigan foreclosed on a home owned by Uri Rafaeli’s business—Rafaeli, LLC—over an $8.41 tax debt. The County sold the property for $24,500, and kept profits. Ditto for Andre Ohanessian, when the County seized and sold his property for $82,000, and pocketed every penny left over from the $6,000 tax debt. While most states refund the surplus, Michigan is among a handful of states that allow property theft to fill government coffers. PLF asked the Michigan Supreme Court to strike down this bureaucratic theft and restore our clients’ constitutional rights, which it did on July 17, 2020.