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Tag: Dolan v. City of Tigard

July 09, 2018

PLF asks the U.S. Supreme Court to rule that there is no “legislative exception” to the unconstitutional conditions doctrine

It seems that some governments and courts prefer to treat Supreme Court precedent as an option, rather than a requirement. The Supreme Court has ruled—twice—that it's unconstitutional for government to charge permitting fees when the fees have nothing to do with the reason for the permit. Yet some courts continue to ignore the Constitution. Per ...

August 31, 2017

Article: are critical area buffers unconstitutional?

Today, the Seattle Journal of Environmental Law published my article, Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine of Unconstitutional Conditions. Although the article focuses on developments in Washington state law, it contains arguments relevant to property rights practitioners elsewhere. For example, the article explains ...

August 19, 2016

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

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 ...

May 14, 2015

Fighting to protect San Juan property owners from land grab

On June 2, 2015, Division I of the Washington State Court of Appeals is set to hear oral argument in the first state case seeking to limit government's ability to coerce property from land use applicants since PLF's landmark victory in Koontz v. St. Johns River Water Mgmt. Dist. (2013). The case, Common Sense Alliance ...

March 06, 2015

Fighting to protect San Juan property owners from land grab

Yesterday, PLF attorneys filed an amicus brief in support of San Juan County's shoreline property owners in the case, Common Sense Alliance v. Growth Management Hearings Board. At issue is San Juan County's update to its critical areas ordinance, which, in part, conditions approval of any new development of a shoreline property upon the dedication ...

June 24, 2014

Washington trial court fumbles the ball in a post-Koontz case

Since the U.S. Supreme Court decided Koontz v. St. Johns River Water Management District last year, I have been on a speaking tour with a prominent government attorney, discussing the case's impact on Washington law. One important point on which we both agreed was that Koontz clarified that an unlawful exactions case falls within the ...

May 07, 2014

Los Angeles responds to our General Plan 2035 letter

The Los Angeles County Regional Planning Commission is currently in the process of adopting General Plan 2035. Like Obamacare, General Plan 2035 checks in at a whopping 900 pages. It seeks to reshape the county through mandates including: expanded transit districts, expanded mixed use development, mandatory farming districts, and "Employment Protec ...

January 17, 2014

Appellate court ruling blesses extortionate land-use practices

Yesterday, the California First District Court of Appeal ruled against us in Powell v. County of Humboldt.  This is the case challenging the County of Humboldt's requirement that our clients, Scott and Lynn Powell, dedicate a public airspace easement above their property in exchange for a building permit.  The County insists they obtain this perm ...

May 10, 2013

VICTORY! California Coastal Commission "checks out," scales back its demands on the Marshall Tavern renovation

Yesterday, the California Coastal Commission voted to amend the permit to renovate the Marshall Tavern, reducing project-killing conditions that had no connection to the renovation plan.  PLF is representing the owners of Marshall Tavern, Daniel Altman and Avi Atid, in their constitutional challenge to the conditions imposed on their original perm ...

February 08, 2013

PLF is defending property rights from the California Coastal Commission … again

Today, PLF filed a lawsuit in Marin County Superior Court asking that the court invalidate three burdensome and unreasonable permit conditions that the California Coastal Commission imposed on property owners in violation of the Constitution. In this case, Daniel Altman and Avi Atid want to restore an important historic structure on Tomales Bay, an ...

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