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. ...
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 a ...
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 ...
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 ...
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. Pacif ...
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Florida’s outdated licensing robs hearing, livelihoods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 licens ...
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 stat ...
Coastal Rights Coalition v. California Coastal Commission
California coastal homeowners at risk by Coastal Commission’s illegal seawall policy
When coastal property owners seek permits for new residential development, the California Coastal Commission requires them to agree never to build a seawall to protect the structure from storms and erosion. This policy was imposed by fiat, without public notice, hearings, and opportunity for public comment, as required by the California Administra ...
Cherk Family Trust v. County of Marin, California
Marin County punishes elderly property owners with unconstitutional fees
When Dart and Esther Cherk needed to supplement their retirement income, they decided to split a three-acre vacant lot in Marin County that had been in the family for six decades in order to sell both halves. As a condition of the lot split, however, the county demanded that they pay $40,000 as an "affordable housing" fee. This condition is unconst ...