Fair v. Continental Resources
Nebraska widower fights government-sanctioned home equity theft
The outside world came to a screeching halt for Kevin Fair in 2013. His wife, Terry, was diagnosed with multiple sclerosis and Kevin had to quit his job so he could care for her at their Scottsbluff, Nebraska, home where they'd lived for nearly two decades—the home was a wedding gift from Kevin's mother. ...
Ariyan Inc. v. Sewerage & Water Board of New Orleans
Fighting for timely just compensation for government-damaged property
Hemorrhaging money and time, and unable to repair their properties or restore their businesses, these small businesses and property owners are asking the Supreme Court to confirm their constitutional right to reasonably timely just compensation. ...
Ralston, et al. v. County of San Mateo, CA, et al.
Government’s regulatory purgatory demotes property rights to second-class status
Courts cannot require Randy to ask the county to allow a land use it will not approve, via a process that does not exist, simply to make his takings case "ready" for the court's review. ...
Mark Shirley and Ole Time Smokehouse v. Town of Farmville, et al.
Food truck entrepreneur defends livelihood from North Carolina town’s unlawful interference
Mark Shirley was making a good living as the general manager of an auto dealership in Eastern North Carolina, but even his comfortable salary couldn't feed his lifelong passion for cooking. So, in September 2019, after a year of exhaustive research into the restaurant industry, Mark left his profitable job to launch a food truck business called Ole ...
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 ...
Barnette v. HBI, LLC
Taking tax-foreclosed property requires proper notice
In 2002, Walter Barnette was working in the Omaha suburb of Bellevue when he spotted an acre of land in a growing neighborhood. Though he lives across the nearby border with Iowa, he bought the property with the intent of one day building a home. Walter fell on hard times, however, and failed to pay his 2010 and 2011 property taxes—$986.50—to S ...
Jackson v. Napolitano
California law keeps workers ignorant of their constitutional rights
In 2018, the Supreme Court emphasized in Janus v. AFSCME that public employees have a First Amendment right to refuse to pay a union, and "must choose to support the union before anything is taken from them." Before the state can authorize a union to deduct dues payments from employee paychecks, workers must give their clear permission. After Jan ...
Ostrewich v. Hudspeth
Your shirt or your vote: Fighting to protect free speech at the ballot box
When Jillian Ostrewich entered her Houston, Texas, polling place in 2018, she expected the only decisions she'd face would be on the ballot. Instead, an election judge gave her an ultimatum: turn her shirt inside out or forfeit her vote. A federal judge overturned Texas' election apparel law because the First Amendment protects passive political sp ...
Rentberry v. City of Seattle
Seattle’s unconstitutional rent-bidding law blocks innovation, free speech
Rentberry is a small San Francisco-based start-up that connects landlords and renters through a website that uses innovative technology to allow users to bid for rental housing. The company hoped to expand its service to Seattle, but, in 2018, the city council adopted a one-year moratorium on rent-bidding websites over unfounded fears that such sit ...