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Tag: Christina Martin

October 16, 2017

Florida appellate court to hold oral argument in PLF case this week

On Tuesday, Florida’s Second District Court of Appeal will hold oral arguments in a number of cases, including in Pacific Legal Foundation‘s P.I.E., LLC v. DeSoto County. Christina Martin and I will represent P.I.E., and Christina will argue the cause. The Daily Signal, a publication of The Heritage Foundation, just published my op-ed o ...

September 22, 2017

PLF asks Supreme Court to secure property owners’ path to takings claim

This week, PLF filed this amicus brief in Beach Group Investments, Inc. v. Florida Department of Environmental Protection.  This case raises yet another example of how the lower courts are struggling to interpret the Supreme Court's "final decision ripeness" rule in takings claims. The takings ripeness doctrine requires a final administrative deci ...

August 17, 2017

Groups ask Supreme Court to grant PLF’s petition in Wayside Church v. Van Buren County

This week several groups filed "friend of the court" briefs supporting PLF's Supreme Court petition in Wayside Church v. Van Buren County. Two of the amicus briefs—one by AARP and the other by the Buckeye Institute—focus on the need for the Court to review Michigan's unjust tax foreclosure law. Under this unjust and unconstitutional law, Van ...

August 01, 2017

Michigan turns foreclosure into a government self-enrichment machine

Today, National Review published my article discussing, Wayside Church v. Van Buren County, PLF’s case challenging legalized theft in Michigan. Michigan’s unjust property tax law allows local governments to steal from people who fall behind on their property taxes. As I explain in the article, Can the government take your home and all ...

July 20, 2017

PLF sues to end counterproductive golden parakeet regulations

Today, PLF filed a lawsuit in federal court to force the U.S. Fish and Wildlife Service to obey the law and issue a decision on the American Federation of Aviculture’s petition to remove the golden parakeet from the list of protected species under the Endangered Species Act. The federal government listed the golden parakeet, also ...

July 13, 2017

PLF asks Supreme Court to stop Michigan from stealing

When Wayside Church fell behind on its 2011 property taxes on a parcel that the church had used as a youth camp, Van Buren County took the youth camp property and sold it for $206,000 to pay the church's $16,750 in taxes, penalties, interest, and fees. The County kept the surplus proceeds—$189,250 more than the ...

July 07, 2017

Government evades property rights by stalling

For an example of how impossible it can be for property owners to ripen (i.e., get a court to hear) a takings claim, look no further than the decision today in GolfRock, LLC v. Lee County.  Even when the government regulates away the use of your land, it can sometimes be very difficult to get courts ...

April 12, 2017

Florida city unconstitutionally authorizes public trespassing

In recent years, many local and state governments have used crafty methods to take access to private beaches without first paying for the right. Governments have imposed easements on private land, declared private land public, declared a right of custom where none existed, and attempted to expand the public trust doctrine beyond its limit. Today, ...

April 12, 2017

PLF threatens lawsuit over feds’ failure to revise outdated golden parakeet regulations

Once again, federal officials have missed a legal deadline required by the Endangered Species Act. PLF just warned the U.S. Fish and Wildlife Service that unless it acts within 60 days on the American Federation of Aviculture's petition to delist the golden parakeet, we will sue to force action. The federal government’s failure to act violat ...

March 23, 2017

DeSoto County takes bite of P.I.E.; P.I.E. bites back

When the Florida Legislature enacted the Bert J. Harris, Jr., Private Property Rights Protection Act, it explained that the law provided a remedy to landowners unfairly affected by government regulation on their property. The law says: When a specific action of a governmental entity has inordinately burdened an existing use of real property or a v ...