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Late last week, the California Fourth District Court of Appeal issued an unpublished decision in San Diego Unified Port District v. California Coastal Commission.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 cu ...

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Washington court rules that the right to use one's property is not protected by the constitution

June 23, 2017 | By BRIAN HODGES

Earlier this week, the Washington State Court of Appeals issued its decision in Olympic Stewardship Foundation v. State of Washington Environmental and Land Use Hearings Office, in which PLF submitted an amicus brief.  The decision upholds a Jefferson County ordinance that requires all shoreline property owners to dedicate a 150-foot buffer as a m ...

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Weekly litigation update — May 6, 2017

May 06, 2017 | By JAMES BURLING

Intervention filed in Congressional Review Act case As has been widely reported elsewhere, Congress and the Administration have dusted off the Congressional Review Act and have set about rescinding a series of Obama-era regulations. You can read more about that on our CRA-themed website, RedTapeRollback.com. Much credit for this recent effort goes ...

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Supreme Court directs West Hollywood to respond to PLF’s legislative exactions challenge

April 28, 2017 | By BRIAN HODGES

Earlier this week, the U.S. Supreme Court ordered the City of West Hollywood to respond to PLF’s certiorari petition in the legislative exactions case, 616 Croft Ave, LLC v. City of West Hollywood. As you may recall, the 616 Croft Ave. petition asks the U.S. Supreme Court to review a California Court of Appeal decision … ...

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

March 21, 2017 | By BRIAN HODGES

On Friday, PLF attorneys filed a petition for a writ of certiorari with the U.S. Supreme Court in the case, 616 Croft Ave, LLC v. City of West Hollywood. The petition asks the Court to review a California Court of Appeal decision holding that a city or county can force landowners to dedicate private property … ...

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West Hollywood punishes developers for building houses

November 04, 2016 | By JEREMY TALCOTT

One thing that nearly all Californians agree on is that the price of housing in this state is too high. The relentlessly rising prices are unmistakable evidence of a housing shortage: not enough homes are built to meet the rising demand. Husband and wife entrepreneurs Shelah and Jonathan Lehrer-Graiwer thought they could help meet that … ...

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Marin County and the California Coastal Commission overreaching with Local Coastal Program amendments

September 30, 2016 | By JEREMY TALCOTT

The voluntary preservation of agricultural lands is a noble goal. Forcing landowners into government-run conservation efforts against their will, however, is something else entirely. And a desire to conserve pastoral farmland doesn’t excuse government from following the laws and constitutions of California and the United States. For several y ...

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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. … ...

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Weekly litigation report — August 14, 2016

August 20, 2016 | By JAMES BURLING

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS rule pass Property rights — California Supreme Cour ...