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Tag: Constitution

November 07, 2018

Rose Knick’s historic Constitutional case to be reargued

Rose Knick thought the pinnacle of her case would be on October 3, 2018, when eight Supreme Court justices spent an hour hearing legal arguments arising from her attempt to hold Scott Township accountable for taking her property without paying for it. But now Rose will do something few people who make it to the ...

June 22, 2018

PLF wins in New Orleans property demolition case

Today, we received a favorable, published decision from the Fifth Circuit Court of Appeals in the case of Garrett v. City of New Orleans.   This case challenges the City’s demolition of a town home a couple (the Garretts) purchased from the City. The City destroyed the home without any notice, hearing or compensation to the ...

June 18, 2018

PLF files its merits brief in the Knick Supreme Court property case

In late May, PLF attorneys filed this brief on the merits in the case of Knick v. Township of Scott, Pennsylvania, which is currently before the United States Supreme Court. The Knick case is a property rights dispute arising from a Town's efforts to force Ms. Rose Mary Knick to allow the public to enter and ...

April 13, 2018

A postscript to the Utah prairie dog case: federal agency embraces state-led reform

For decades, a federal agency had forbidden people in southwestern Utah from doing things that most of us take for granted in our own communities, like building homes, starting businesses, or protecting their airport, playgrounds, and cemetery from disruption, all ostensibly to protect the Utah prairie dog. Thanks to a lawsuit PLF filed on behalf ...

January 30, 2018

Fighting for the Constitution and small business owners

PLF, representing several vape shop owners across the country, has filed complaints against the FDA in 3 separate federal courts. ...

December 20, 2017

Can government regulate your subconscious?

If government can strip you of choice just because unconscious bias might influence that choice, its power would have no bounds. But that is precisely what Seattle is doing to its landlords. ...

November 20, 2017

Arizona Supreme Court ignores voters’ intent in decision interpreting constitutional limitations on taxation

Last Friday, the Arizona Supreme Court issued its decision in Biggs v. Betlach, a case brought by a group of Arizona legislators challenging the imposition of a hospital charge to pay for state Medicaid expansion. ...

October 24, 2017

PLF reminds California that the Constitution protects property rights

Today, PLF submitted comments to the California State Lands Commission on its Draft Public Access Guide to California's Navigable Waters. The Guide purports to restate the law related to public use of waterways within the state, but it leaves much to be desired – especially for property owners. Specifically, the Guide implies that California has ...

August 31, 2017

Seattle’s tax on achievement is a Trojan Horse that threatens the poor and middle class

One of the things that makes Washington's legal landscape so unique is that the state constitution was drafted by people who, having just witnessed the Civil War, were wary of state and federal government. As a result, our constitution provides many protections rarely found elsewhere in the country, such as a provision prohibiting the government fr ...

June 07, 2017

Vero Beach High School has a First Amendment problem

Vero Beach High School, a public high school on the east coast of Florida, has a First Amendment problem. The school failed to respect it. And now a student—J.P. Krause, a top student, rising senior, our client, and the young man who should serve as VBHS senior class president in the coming school year—understands better why the ...