Blog

Filter By:
Sort By:

Tag: due process

September 19, 2018

Do agency proceedings strip us of our constitutional rights?

The tendency for courts to broadly defer to agency decisions frustrates the judiciary's core function as the adjudicative branch of government. Such deference also frustrates individual rights by sweeping constitutional guarantees under the rug. Take, for example, Washington State's Growth Management Hearing Board. The legislature created the agenc ...

August 17, 2018

Lead paint, public nuisance, and the First Amendment

Prior to 1951, lead paint was lawfully sold and used in the interior of houses. This presented no problem at the time, but, as it ages and deteriorates, and as little children gnaw on windowsills and such while teething, it can become a source of lead poisoning. For this reason, the use of lead paint ...

July 07, 2018

Weekly litigation report — July 7, 2018

17 states urge the Supreme Court to grant PLF case and overrule Chevron deference  On Thursday, Texas—joined by 16 other states—filed an amicus brief supporting our petition in California Sea Urchin Commission v. Combs. The states' brief explains that "the time has come to reconsider Chevron deference, and this case provides an appropriate veh ...

June 23, 2018

Weekly litigation report

Victory in New Orleans home demolition case! Supreme Court goes part of the way on limiting administrative power PLF files reply brief to compel California agency to follow state law. PLF asks Supreme Court to review Florida property rights case Victory in New Orleans home demolition case! Today, we secured a total victory in Garret ...

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 08, 2018

Can an administrative agency strip you of your right to put on evidence?

In Washington state, property owners who want to challenge the constitutionality of a new land-use or critical area restriction must first try their case to the Growth Management Hearings Board—an administrative agency that lacks the authority to decide constitutional issues. Although this requirement was meant to streamline the ordinary types of ...

June 04, 2018

A due process right to a refund

If a state illegally taxes you, and you successfully sue to recover the money, does the state have to refund the taxes? Oddly enough, the answer to this question may depend on whether the state's illegal taxes violated federal law or state law. In McKesson Corp v. Div. of Alcohol, Bev. & Tobacco (1990), the ...

May 01, 2018

Answering the Minerva Dairy questions at Overlawyered

If you aren’t already a regular reader of Overlawyered, you should check it out. Walter Olson does a magnificent job pointing out and explaining the seen and unseen costs of our legal system. Last week I was excited to see Overlawyered link to our Minerva Dairy lawsuit.* In the days that followed, the comments section ...

April 18, 2018

Opening brief filed in challenge to Wisconsin’s butter taste test

We filed our opening brief in the appeal to our challenge to Wisconsin’s irrational butter grading law. I have written about this case a number of times, but the essence of the case is that Wisconsin has adopted an irrational and protectionist scheme to keep out-of-state artisanal butters from entering the Wisconsin market.  In order ...

March 31, 2018

Weekly litigation report — March 31, 2018

Trial court strikes down Seattle's rule banning landlords from selecting their own tenants PLF asks Supreme Court to clarify "temporary" takings law Florida ends Walton County's unconstitutional land grab PLF asks California to review "endangered" species Oral argument at the Supreme Court in criminal case that could affect wetlands PUC Rejects Qua ...