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Tag: inclusionary zoning

November 18, 2017

Weekly litigation update — November 18, 2017

The U.S. Supreme Court will hear PLF's First Amendment challenge to political apparel ban, PLF presents oral argument on challenge to access regulation in the Ninth Circuit, and since the Feds get to regulate "species" and "subspecies," shouldn't we have an understandable definition of "species" and "subspecies"? ...

September 23, 2017

Weekly litigation report — September 23, 2017

Ninth Circuit sides with PLF in compelled speech case On Tuesday, the Ninth Circuit issued a favorable opinion in American Beverage Association v. City and County of San Francisco, an important compelled speech case. As we explain on our blog, the case involves a San Francisco ordinance that forces advertisers of sugar-sweetened beverages to devote ...

April 29, 2017

Weekly litigation report — April 29, 2017

Supreme Court requests further briefing in affordable housing case Victory in Anaheim parent-trigger case Brief opposing EPA regulatory overkill Senate hearing addresses PLF wetlands case WOTUS at SCOTUS Wolf Releases Revived Supreme Court requests further briefing in affordable housing case At least some of the justices at the Supreme Court are in ...

December 31, 2016

Weekly litigation report — December 31, 2016

Affordable housing mandates on their way up Unsurprisingly, the California Supreme Court denied our petition for review in 616 Croft Avenue v. City of West Hollywood. This is the case where the City is demanding a half-million dollars in affordable housing subsidies from a couple who want to build more housing — 11 condominiums where ...

December 03, 2016

Weekly litigation report — December 2, 2016

Right to say you are who you are We filed this complaint on behalf of Peggy Fontenot against the State of Oklahoma. The rub of Fontenot v. Pruitt is that Peggy Fontenot, who is a member of the Patawomeck Indian Tribe, is not allowed to say in Oklahoma that her photographs and artwork are made ...

November 18, 2016

A double-whammy of insanity from Los Angeles

With all the hoopla of the Presidential election last week, a lot of folks missed the fact that the voters of Los Angeles repealed the law of supply and demand in a City election. As reported here in the Wall Street Journal, henceforth all new residential home projects of ten or more units or even small ...

November 05, 2016

Weekly litigation report — November 5, 2016 (Guy Fawkes edition)

Regulatory Guidance on wetlands Jurisdictional Determinations West Hollywood shakedown — Property Rights Palo Alto shakedown — Property Rights Florida island taken in the Keys — Property Rights A California tax-limitation up in smoke up in Upland Endangered Species Act — wolves into New Mexico Alchemy — Wetlands and  ...

August 03, 2016

ABA panel discussion on affordable housing

On Thursday evening, I will appear on a panel discussion—“The Housing Crunch in Desirable Cities – Planning Alternatives and Legal Consequences”—as part of the American Bar Association annual meeting in San Francisco.  Moderated by Nadia Costa of Miller Starr Regalia, the panel also will include Cecily Barclay of Perk ...

March 04, 2016

President's weekly report — March 4, 2016

Hawkes: 16 – 0 We received sixteen briefs in support of our client, the Hawkes Company, and none in support of the government in Corps of Engineers v. Hawkes. From 29 states to farmers and think tanks, there is widespread support for our clients. The amicus briefs agree with us that federal law gives landowners ...

June 19, 2015

President's weekly report — June 19, 2015

Bad news on property rights from the California Supreme Court To celebrate the Magna Carta’s 800th birthday, the California Supreme Court issued this unanimous and depressing opinion on the state of property rights in California.  California Building Industry Association v. San Jose involves the city’s requirement that builders of 20 o ...