SCLS Realty, LLC and Sixty Three Johnston, LLC v. Town of Johnston, RI
Government heist derails affordable housing hopes in Rhode Island
SCLS and Sixty Three Johnston are fighting back with a federal lawsuit to protect the rights of all property owners to use their land to serve important public needs—like affordable housing for families in Rhode Island and nationwide.
Matthew Schafer, et al. v. Kent County, MI
Holding Michigan counties accountable to stop home equity theft
A court decision’s date doesn’t dictate the beginning or end of property rights. The Michigan Supreme Court in Rafaeli and the U.S. Supreme Court in Tyler v. Hennepin County both recognized that property interests at stake in government tax foreclosures are deeply rooted and pre-exist state law. Property cannot be taken without just compensation, no matter when the taking happens. Represented by PLF at no charge, Matt and other Kent County property owners are urging Michigan’s high court to finish what it started in Rafaeli and confirm their constitutional right to just compensation, regardless of when the government unlawfully takes private property.
835 Hinesburg Road, LLC v. South Burlington
Fighting to Open Courtroom Doors to Property Takings Claims
With their property rights relegated to second-class status, Jeff Nick, along with his son Ryan, and Jeff Davis are fighting back. Represented at no charge by Pacific Legal Foundation, they’re appealing their case’s unjust dismissal to ensure federal court access for takings claims and ultimately the right to productively use their property.
Mike Bordelon and Breezy Shores, LLC v. Baldwin County
Government reneges on building permit, unlawfully strips property rights
Mike is defending his lower court win. Represented at no charge by PLF and local attorney Kris Anderson of Yates Anderson, Mike is asking the Eleventh Circuit Court of Appeals to protect his rightful just compensation, to affirm regulatory takings as unlawful property takings, and to elevate all courts’ respect for property rights.
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.
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.
Iten v. County of Los Angeles
Small commercial landlord fights Los Angeles County eviction ban
Howard Iten is a retired auto mechanic who greatly depends on rental income from his one commercial property in Lawndale, California. His current tenant, however, is an auto repair franchisee who has refused to pay much of his rent during the COVID-19 pandemic, even though his business has been fully open the entire time. He owes Howard thousands of dollars in back rent but is protected from eviction by Los Angeles County’s commercial eviction moratorium. Howard cannot require payment of back-rent until a full year after the moratorium expires and can never collect interest or fees. And with fewer than 10 employees, all the tenant needs to prove pandemic hardship is his word.
El Papel v. City of Seattle
Fighting unlawful eviction bans masked as a pandemic response
In the wake of COVID-19, Washington State and Seattle joined a number of cities and states to enact emergency eviction bans that eliminated landlords’ ability to evict tenants who violate lease terms, such as by neglecting to pay their rent. Seattle added an ordinance that prohibits landlords from seeking full repayment for up to a year from the emergency’s end date. This means Mark Travers, who built and leases a couple of rental units in Seattle, has no legal way to deal with two tenants who stopped paying their rent in April and owe $14,000 in back rent. Represented by PLF free of charge, the Traverses’ business, El Papel, LLC, and other small-scale landlords are challenging these eviction bans that go far beyond helping those affected by the pandemic.
Shands v. City of Marathon
Government takes family’s land and uses gimmicks to avoid paying for it
The Shands family has owned Shands Key, a small Florida island, since the 1950s. Purchased by World War II surgeon and Mississippi hospital owner Dr. R.E. Shands, the island was originally zoned for residential use and could have been developed with at least seven homes. Today, however, government regulations designed to protect the environment prohibit any development on the island—not even a dock, thus reducing the property’s value by 98 percent. But rather than pay the family compensation for this taking, the city offered “transferrable development rights” or a promise that the family can develop property somewhere else. Because the government can’t use gimmicks such as “transferable development rights” (TDRs) to avoid paying for taking property, Dr. Shands’ four children are fighting back in state courts.