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Weekly litigation report — November 2, 2018

November 02, 2018 | By JAMES BURLING

Knick to be reargued The court has ordered Knick v. Scott Township for reargument. In this order the Court has asked Ms. Knick to file a supplemental briefs by the end of the month with the town’s reply due just before Christmas. The issue the court is asking for more briefing on was raised in oral … ...

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Weekly litigation report — August 18, 2018

August 18, 2018 | By JAMES BURLING

Opening day for SCOTUS nears as PLF readies to throw first pitch This week Pacific Legal Foundation filed its Reply Brief in Weyerhaeuser v. U.S. Fish & Wildlife Service, a case that arises from the Fifth Circuit and involves our client Edward Poitevent’s property in the deep woods of Louisiana. The Supreme Court of the … ...

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Weekly litigation report — June 16, 2018

June 16, 2018 | By JAMES BURLING

Victory for the First Amendment! Challenging Florida’s Tone Deaf Hearing Aid Bureaucrats Supreme Court Splits on Salmon Santa Barbara Association of Realtors v. City of Santa Barbara Victory for the First Amendment! Political speech is the most protected type of speech in the country – including in the most restricted space in American civi ...

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Post script on California home school bill showdown : Orwell channels James Madison

April 26, 2018 | By TONY FRANCOIS

Many thanks to PLF colleague Tim Snowball for his expert and tireless coverage of yesterday’s hearing in the California Assembly Education Committee, on Riverside Assemblyman Jose Medina’s bill to subject home school families to state inspection of their homes and state review of their curriculum. Much has been made, and rightly so, of ...

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Victory in residential rental inspection case

May 30, 2017 | By MERIEM L. HUBBARD

Warrantless inspections of residential rental properties are a source of controversy in many California cities. Take, for example, the City of Highland located in San Bernardino County. The City adopted a Residential Rental Enhancement Program requiring an inspection of all residential rental properties. Pursuant to the Program, city inspectors cou ...

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Florida city unconstitutionally authorizes public trespassing

April 12, 2017 | By CHRISTINA MARTIN

In recent years, many local and state governments have used crafty methods to take access to private beaches without first paying for the right. Governments have imposed easements on private land, declared private land public, declared a right of custom where none existed, and attempted to expand the public trust doctrine beyond its limit. Today, ...

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PLF’s challenge to warrantless searches highlighted in Long Beach Business Journal

August 31, 2016 | By MERIEM L. HUBBARD

Earlier this month, the Long Beach Business Journal published an article expressing concerns about mandatory property inspections.  Although both tenants and landlords complain about the rental inspection process, the article states that “Long Beach has not faced practices that go against any laws, but landlords and tenants are concerned th ...

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PLF’s warrantless inspection case garners significant media attention

July 14, 2016 | By WENCONG FA

Yesterday, PLF launched a major civil rights case challenging an unconstitutional warrantless inspection scheme in Highland, California.  As noted in our complaint, the City is telling our client, property owner Karl Trautwein, that he will no longer be able to rent out his house if he does not consent to a warrantless inspection. The City ...

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PLF sues Highland for warrantless snooping on rental property

July 13, 2016 | By WENCONG FA

The City of Highland is violating fundamental constitutional rights by trying to coerce landlords and tenants into surrendering their freedom from unjustified, warrantless government intrusion on their property. So argues a new federal lawsuit against the city.  It challenges the city’s attempt to pressure a rental property owner and his ten ...