November 14, 2013

Oral argument today in Powell v. County of Humboldt

By Damien M. Schiff Senior Attorney

This morning, PLF attorney Jennifer Thompson will argue on behalf of Scott and Lynn Powell in the California First District Court of Appeal in San Francisco, in Powell v. County of HumboldtThe case raises an important constitutional issue concerning the extent to which a government land-use agency can demand an easement from a property owner as a condition to obtaining a building repair permit.  PLF attorneys have litigated similar issues concerning land-use “exactions” for decades in courts across the nation, twice successfully in the United States Supreme Court (Nollan v. California Coastal Commission and Koontz v. St. Johns River Water Management District).  A decision in Powell appeal should be handed down in the next few months.

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