Articles

Court of appeal upholds Coastal Commission’s rejection of San Diego hotel plan

September 12, 2018 | By DAMIEN SCHIFF

Late last week, the California Fourth District Court of Appeal issued an unpublished decision in San Diego Unified Port District v. California Coastal Commission. Reversing the trial court, the court of appeal held that the Commission correctly denied the San Diego Port District's master plan amendment. The amendment would have changed the current ...

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Weekly litigation update — August 4, 2018

August 04, 2018 | By JAMES BURLING

Seattle asks courts to clear the way for unlawful taxes Late last year, a King County, Washington, trial court ruled in Kunath v. City of Seattle (formerly Shock v. City of Seattle), that Seattle's attempt to levy an income tax on so called "high-earners" was plainly unlawful. In what the local press has called a "Hail Mary," the city has asked ...

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PLF supports challenge to Coastal Commission unconstitutional condition

June 06, 2018 | By DAMIEN SCHIFF

Today, we submitted an amicus brief in the California court of appeal in San Diego Unified Port District v. California Coastal Commission. The case concerns the Port's attempts to modify its land-use plan for Harbor Island, a popular tourist spot in San Diego Bay. The Commission denied the Port's requested modification (which would facilitate the ...

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What is an “existing structure” under the California Coastal Act?

March 29, 2018 | By DAMIEN SCHIFF

For landowners along California's coast, maintaining the right to build a seawall or other protective device can mean the difference between preserving one's home or having it fall into the sea during the next winter storm. The California Coastal Act recognizes the importance of preserving landowners' rights to protect their property. Indeed, the A ...

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Weekly litigation report — March 10, 2018

March 10, 2018 | By JAMES BURLING

Supreme Court grants hugely important property rights case! For over thirty years PLF attorneys have been trying to put an end to the infamous "Williamson County" rule that stops property owners from going to federal court to vindicate their constitutionally guaranteed property rights. Named after a 1985 case where the Court refused to hear a ta ...

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Weekly litigation report—December 16, 2017

December 16, 2017 | By JAMES BURLING

PLF supports property owners' right to a jury in federal takings cases Code violations should not be a city's no-appeal cash machine PLF announces appeal to illegal jaguar rule Coastal Commission tries to force city to destroy property rights Courts should rule in the best interests of Indian children -- just like other children are ...

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Weekly litigation report—December 2, 2017

December 02, 2017 | By JAMES BURLING

Motion for summary judgment to be filed in Minerva dairy -- the better butter case PLF testifies before Congress on WOTUS   PLF files amicus brief in union free speech case Reply Brief filed in Markle; SCOTUS to consider case on January 5th Petition asks the government to protect homes by holding Coastal Commission accountable for ...

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Weekly litigation report — October 21, 2017

October 21, 2017 | By JAMES BURLING

Squash the wrong bug, go to jail The price of selling your home in Santa Barbara? An illegal warrantless search. Free speech wins one in California legislature! Brief filed in Oklahoma First Amendment right to say who you are case Oral argument in Florida takings case Allies file amicus briefs in support of our bird island in the ...

Articles

Making bad law for the rich will hurt the rest of us

October 20, 2017 | By JEREMY TALCOTT

caption id="attachment_49725" align="alignright" width="300" Caution: Repainting this sign may constitute development under the Coastal Act/caption Surfrider Foundation has been battling Vinod Khosla in the California courts for several years, trying to force him to allow the public to cross his private property and use his private beach. We've ...