Small bird, big battle: Florida landowner fights unconstitutional permitting

October 22, 2025 | By KATE POMEROY

At a time when municipalities across the country are facing a major housing crunch, arbitrary government rules shouldn’t put up huge financial roadblocks for homeowners. Landowner Michael Colosi, whose property sits in a residential neighborhood among dozens of other homes, is challenging a local permitting scheme he says is unconstitutional.

“Under the Constitution, municipalities cannot impose development fees that are totally disproportionate to the real impacts of development. And Congress only has authority to regulate interstate commerce—a bird that lives only in Florida and has no commercial value is beyond the federal government’s regulatory reach,” says PLF attorney Johanna Talcott.

If you want to understand the issue, watch Michael Colosi and Johanna Talcott explain the legal and practical stakes on NTD News. The case, Colosi v. Charlotte County, U.S. Fish and Wildlife Service, highlights how overbroad environmental rules burden homeowners without advancing legitimate conservation goals.

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