Scott Township, Pennsylvania; November 12, 2019: In a case that made it all the way to the U.S. Supreme Court, Scott Township, Pennsylvania, agreed last week to rescind an ordinance authorizing public access to Rose Knick’s private property. The Township’s action follows the Supreme Court’s landmark ruling — announced June 21, 2019 — that federal courts cannot turn away takings cases, because property rights are just as important as all other rights protected by the Constitution.
“We are extremely pleased that Rose Knick received everything that her complaint against the Township asked for, including the Township’s decision to rescind the unconstitutional ordinance,” said Pacific Legal Foundation Senior Attorney J. David Breemer. “Rose’s property rights fight has finally come to an end, and we’re glad she can once again fully enjoy the peace and quiet she’s always loved about her farm.”
In this settlement, Rose Knick will be awarded damages for the period during which her land was subject to an easement as well as reimbursement for attorney fees she incurred before PLF’s representation. The Township will also pay attorney fees incurred by PLF.
In Knick v. Township of Scott, Rose Knick asked the Supreme Court to overturn a 1985 precedent that allowed federal courts to refuse to hear her challenge to a local ordinance that forced her to allow public access to her private farmland.
Pacific Legal Foundation represents Rose Knick free of charge. More information can be found at pacificlegal.org/knick.
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Pacific Legal Foundation is a national nonprofit legal organization that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 39 states plus Washington, D.C., PLF represents clients in state and federal courts, with 12 victories out of 14 cases heard by the U.S. Supreme Court.