U.S. Supreme Court set to conference on shoreline exaction scheme

September 14, 2016 | By BRIAN HODGES

Almost a century ago, Justice Holmes famously warned that “We are in danger of forgetting that a strong public desire to improve the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change.” This warning could not be more timely or relevant. … ...


Washington state exaction scheme before the U.S. Supreme Court

August 19, 2016 | By BRIAN HODGES

San Juan County’s scheme to force shoreline property owners into dedicating water treatment buffers is now pending on a certiorari petition with the U.S. Supreme Court in the case, Common Sense Alliance v. San Juan County. As you may recall, in order to address a Washington state statute requiring that cities and counties adopt measures R ...


PLF's cert petition on water quality buffers draws support

June 10, 2016 | By TONY FRANCOIS

A month ago PLF asked the Supreme Court to hear Common Sense Alliance v. San Juan County, a case against an ordinance that unconstitutionally takes portions of shoreline properties as community storm water filters. The issue in the case is whether Supreme Court decisions that limit government power to demand property in return for a permit approv ...


Can a county turn your land into a water treatment facility without paying?

May 11, 2016 | By TONY FRANCOIS

This week Pacific Legal Foundation filed this petition in the Supreme Court of the United States, asking it to decide whether the government can make shoreline property owners give up part of their land to serve as water quality buffers for the surrounding community. This case, Common Sense Alliance v. San Juan County, deals with a … ...