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Tag: Property

November 11, 2017

Oral argument in PLF’s access regulation challenge on Nov. 17

Next Friday, I'll be presenting oral argument in the Ninth Circuit in Cedar Point Nursery v. Gould. The case involves a challenge to the ALRB's access regulation, which allows union organizers to use the private property of agricultural employers to solicit potential union members. ...

October 31, 2017

Horrifying government overreach: PLF asks Supreme Court to hear challenge to cemetery access law

Rose Mary Knick owns a quiet, 90-acre, stone-fenced farm in rural Pennsylvania. The parcel is bounded on all sides by old stone walls and no trespassing signs at various intervals. According to the local government, it also contains an ancient burial ground of some sort... ...

August 10, 2017

Should the public trust doctrine be expanded to the use of groundwater?

This morning PLF filed this amicus brief in the California Court of Appeal for the Third District in support of the County of Siskiyou. We asked the Court of Appeal to overturn this superior court decision, which expanded public trust considerations to permits issued for the use of groundwater. Adopting the superior court’s rationale could ...

July 21, 2017

Homeowners in Lynch file petition for rehearing in California Supreme Court

Today, Thomas Frick and the heirs of Barbara Lynch filed this petition, asking the California Supreme Court to grant rehearing in Lynch v. California Coastal Commission. In that decision, the Court held that the two owners had forfeited their right to judicial review of conditions placed on a coastal permit. The owners had asked the California Co ...

February 03, 2017

Supreme Court schedules oral argument in Murr for March 20, 2017

Today, the United States Supreme Court issued its oral argument calendar for March, 2017. Pacific Legal Foundation (PLF) is pleased to note that the Court included PLF’s important property rights case, Murr v. State of Wisconsin, on that March calendar. The Court has specifically scheduled the Murr case for argument on March 20, 2017. ...

November 25, 2016

Environmental extremists dismiss property rights

Over on the Huffington Post, Noah Greenwald of the Center for Biological Diversity launches an over-the-top broadside against several people involved in the incoming President’s administration. The part that is most illuminating about how some extremists think is this missive directed at the Competitive Enterprise Institute’s Myron Ebel ...

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 ...

August 23, 2016

Setting the town straight on North Carolina beach dispute

The dry beach takings case of Nies v.Town of Emerald Isle, described more fully here, continues to generate debate in North Carolina. Recently, the Manager of Defendant Town of Emerald Isle published an article criticizing the Nies’ s view of the case. The following PLF rebuttal to the Town Manager’s column was published Sunday, Augu ...

April 29, 2016

Drones and property rights

As recreational drone use expands, hobbyists won't be the only ones who are flying them. Reports suggest that law enforcement officials are considering adding drones to their tool kit. According to these reports, drones will give law enforcement a bird's-eye view of major car crashes, active wildfires, and wreckage created by tornadoes and hurrican ...

February 12, 2016

Commission Creep: Under rule of dysfunctional coastal agency, every act is illegal "development"

So this is where the California Coastal Commission experiment ends:  if you put a lock on a gate, paint a billboard, say mean things at a surf break, try to keep trespassers off your coastal land, or move a cow into a new pasture, you are engaging in unpermitted “development” and violating the Coastal Act. Ordinary people ...

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