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Tag: land use

December 22, 2018

Weekly litigation report — December 22, 2018

PLF asks Supreme Court to hear Alaska permafrost case This week, PLF filed a petition asking the United States Supreme Court to review Tin Cup, LLC v. U.S. Army Corps of Engineers, a case that asks whether the federal government can control land uses on buried frozen permafrost just because the government claims such permafrost is a "navigable ...

June 24, 2017

Weekly litigation report — June 24, 2017

Supreme Court goes squishy on property rights Free speech includes freedom to insult Free speech means letting high school kids be high school kids Howling at the wolf listing Doing time even if you didn’t know you committed the crime  Washington appellate court rules that property is not protected by the constitution End-run around arbitra ...

November 04, 2016

West Hollywood punishes developers for building houses

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 ...

May 23, 2016

Plan Bay Area argument set for May 31

Next Tuesday, May 31, the California Court of Appeal will hear argument over the legality of Plan Bay Area — the plan to restrict future development in all but a tiny fraction of the already incredibly expensive Bay Area. The Court will consider whether regional agencies were free to ignore the plan’s significant environmental consequen ...

February 17, 2015

Stopping development for cheaper condemnation later is a taking

The Fifth Amendment requires the government to compensate a property owner when it takes property from a private landowner. To get around the requirement of paying "just compensation," government entities often get creative. One trick is to depress property values prior to taking the land by excessively regulating land or by announcing an intent to ...

September 04, 2014

Atlantic Center files lawsuit on behalf of Flash Beach Grille

Last week, my Pacific Legal Foundation Atlantic Center colleague, Christina Martin, blogged about the PLF Atlantic Center’s new lawsuit against Martin County, Florida.  Pacific Legal has asked the state circuit court to declare that Martin County’s government is illegally prohibiting its clients, Robert and Anita Breinig, from using ...

August 08, 2014

PLF attorney to present at Montana property rights conference

The Montana Property Rights Conference will take place next week, on August 14 and August 15, at the Northern Hotel in Billings, Montana.  As a keynote speaker, I will open the conference at 1:00 p.m. with a discussion of environmental and land-use issues, including PLF’s United States Supreme Court win last year in Koontz v. ...

December 17, 2013

Planning for economic success

In 1945, Friedrich Hayek wrote an essay explaining why central planners were doomed to fail at economic planning. I saw this essay come to life recently during a county commission hearing in Florida.  The commission is in the midst of making its long term land-use plans for the county, so it hired a company to ...

June 13, 2013

City spurns Coastal Commission's lobbying efforts for more funding

On Tuesday, the city council of Newport Beach (California) voted against a resolution supporting additional state funding for the California Coastal Commission.  The Commission—which regulates coastal property owners’ use of their lands with an iron fist—has for years been complaining about its lack of resources and staffing l ...

February 04, 2013

"Screwed by the Town"— When land use codes kill free speech

It is said that a person’s home is his castle, but it is apparently not a personal billboard, at least according to a recent decision from the 4th Circuit Court of Appeals. In Brown v. Town of Cary, 2013 U.S. App. LEXIS 1423 (4th Cir., Jan 22, 2013), that court held that a homeowner had ...