Koontz oral argument: armor against government extortion

January 10, 2013

This Tuesday, PLF attorney Paul Beard will ask the U.S. Supreme Court to protect property owners from unfair government demands made during the permitting process. PLF’s client, Coy Koontz, Jr., is fighting a Florida agency’s decision that conditioned issuance of land use permits upon Koontz agreeing to pay for improvements on public l ...

Koontz oral argument: the importance of Nollan

January 11, 2013

In only four days the U.S. Supreme Court will hear oral arguments in PLF’s property rights case, Koontz.  In recent posts, we’ve argued that Supreme Court precedents set out in Nollan and Dolan should apply to Koontz.  Today and Monday we’ll take a closer look at the importance of those two cases. This post focuses … ...

Koontz oral argument: the balance of Dolan

January 14, 2013

Tomorrow, the U.S. Supreme Court will hear oral arguments in PLF’s property rights case, Koontz.  In a series of posts last week, we scrutinized the arguments being made and argued that the Supreme Court precedents set out in Nollan and Dolan should apply to Koontz.  On Friday, we took an in-depth look at Nollan.  This … ...

Koontz oral argument: permit conditions and the right to vote

January 15, 2013

In our recent posts about the Koontz case and the ways government forces property owners to hand over things in exchange for building permits, we’ve focused primarily on government demands for money or property. But government sometimes demands other rights. In fact, in one California community, officials tell property owners that if they wan ...

Koontz oral argument: Pacific Legal Foundation’s legacy of Supreme Court success

January 15, 2013

Post coauthored by Lana Harfoush, Christina Martin and Jonathan Wood The countdown is over!  Today Paul J. Beard II argued Pacific Legal Foundation’s Koontz case before the United States Supreme Court.  Koontz is a monumental case for PLF and property owners nationwide, but it’s far from PLF’s first visit to the country’ ...

Koontz oral argument transcript now available

January 15, 2013

You can read it here. … ...

PLF's Timothy Sandefur talks about Koontz with Armstrong & Getty

January 16, 2013

I’ll be in studio with Armstrong & Getty this Friday morning at 8 am Pacific to discuss the Koontz case argued this week. You can listen online here. Update: I accidentally posted this a day too early. … ...

Koontz oral argument: what was taken in Nollan and Dolan?

January 16, 2013

Yesterday, the U.S. Supreme Court heard argument in our case, Koontz v. St. Johns River Water Management District. In this case, the District denied Coy Koontz permits to use 3.7 acres of a 15-acre lot, after he refused to acquiesce to its demand that he perform off-site improvements to 50-acres of publicly owned wetlands (in addition to dedicat ...

Koontz oral argument: Should Nollan and Dolan apply only to “stupid districts”?

January 17, 2013

Tuesday, the United States Supreme Court heard Koontz v. St. Johns River Water Management District, argued by PLF attorney Paul Beard. A local government agency denied Coy Koontz a building permit because he refused to agree to unreasonable permit conditions. PLF argued that this permit denial was unconstitutional. In the hearing, the Court conside ...

Koontz oral argument: what "radical change?"

January 18, 2013

In the Koontz oral argument, the justices expressed concern over how to distinguish exactions, which are analyzed under Nollan and Dolan, from general regulatory schemes, which are not.  If no line could be drawn between the two categories, a decision in the Koontz’ favor would be a “radical change;” subjecting routine government ...