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Tag: brian t. hodges

May 29, 2012

Reexamining the doctrine of unconstitutional conditions

Tomorrow, I will be speaking at the annual LSI Regulatory Takings conference about the doctrine of unconstitutional conditions.  This doctrine holds that the government cannot condition the provision of a discretionary benefit (e.g., a permit, license, grant, contract, etc.) upon a requirement that a person give up a constitutionally protected rig ...

May 15, 2012

20 years of Pacific Northwest victories: the enduring impact of the HEAL decision

One way that PLF can assure that its property rights victories have a long-lasting impact is to "connect the dots" between past cases and current controversies.  A good example is the Washington Court of Appeals' 1999 decision in Honesty In Environmental Analysis and Legislation v. Seattle, which stands out as the first Washington case to ...

April 16, 2012

PLF convinces court of appeals to limit troublesome land use decision

Earlier today, Division One of Washington's Court of Appeals issued a published decision in Birnbaum v. Pierce County, a case that asked whether a landowner could recover damages for government misfeasance during the permit review process. ...

April 06, 2012

What we won in Kitsap Alliance of Property Owners

Last month, the U.S. Supreme Court denied PLF's petition for a writ of certiorari in the case, Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board – a case that challenged Kitsap County's adoption of regulations that require shoreline property owners who seek building permits to dedicate significant portions ...

April 03, 2012

U.S. Supreme Court to decide important property rights issues

Yesterday, the U.S. Supreme Court agreed to hear the temporary takings case, Arkansas Game & Fish Commission v. United States. Our friends at the Cato Institute wrote this article highlighting the importance of the case to private landowners. ...

April 02, 2012

U.S. Supreme Court to review important property rights case

This morning, the U.S. Supreme Court decided to take review of the important property rights case, Arkansas Game & Fish Commission v. United States.  This case asks whether government actions that result in intermittent physical invasion and occupation of another person's property over a period of 8 years give rise to a claim for damages for ...

March 26, 2012

U.S. Supreme Court declines review of PLF’s big buffer case

Earlier today, the U.S. Supreme Court denied PLF's petition for a writ of certiorari in the case, Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board.  The petition asked the Court to consider whether a Kitsap County regulation requiring that shoreline property owners who seek building permits dedicate signif ...

March 20, 2012

20 years of Pacific Northwest victories: fighting for a coherent regulatory takings test

At the time PLF opened its office in the Pacific Northwest, Washington's courts had adopted an extremely pro-regulation and anti-property rights stance toward regulatory takings law.  This was primarily due to the fact that the courts were operating under the notion that any regulation of private property that is designed to protect people from ha ...

March 06, 2012

20 years of Pacific Northwest victories: fighting Seattle’s housing preservation laws

In one of our earliest efforts in the Pacific Northwest, PLF participated in several cases challenging the constitutionality of a Seattle ordinance that severely restricted the use of low income rental properties. Throughout the 1980s, the City of Seattle, faced with a booming redevelopment market, adopted a series of ordinances that were intended ...

March 05, 2012

Constitutionality of Kitsap County’s shoreline buffers submitted to U.S. Supreme Court

PLF's constitutional challenge to Washington state's shoreline buffer scheme is pending before the U.S. Supreme Court.  The case, Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board (KAPO) , began over a half decade ago, when Kitsap County, acting under the mandate of Washington's Growth Management Act, decla ...