Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian … ›

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 … ›

Weekly litigation update — August 5, 2017

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property … ›

Secure property rights are the key to conservation

Too often, property rights and conservation are treated as if they are in tension. But, in reality, property rights are a proven means to encourage responsible stewardship, resolve conflicts over … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action … ›

Wisconsin Supreme Court to hear public trust case

An interesting public trust case will be heard in the Wisconsin Supreme Court that has some potentially significant ramifications. Like many lawsuits, it starts with a dispute between neighboring landowners (who also … ›

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here. … ›

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Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian … ›

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 … ›

Weekly litigation update — August 5, 2017

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property … ›

Secure property rights are the key to conservation

Too often, property rights and conservation are treated as if they are in tension. But, in reality, property rights are a proven means to encourage responsible stewardship, resolve conflicts over … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action … ›

Wisconsin Supreme Court to hear public trust case

An interesting public trust case will be heard in the Wisconsin Supreme Court that has some potentially significant ramifications. Like many lawsuits, it starts with a dispute between neighboring landowners (who also … ›

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here. … ›

The Morning Docket

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Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian … ›

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 … ›

Weekly litigation update — August 5, 2017

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property … ›

Secure property rights are the key to conservation

Too often, property rights and conservation are treated as if they are in tension. But, in reality, property rights are a proven means to encourage responsible stewardship, resolve conflicts over … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action … ›

Wisconsin Supreme Court to hear public trust case

An interesting public trust case will be heard in the Wisconsin Supreme Court that has some potentially significant ramifications. Like many lawsuits, it starts with a dispute between neighboring landowners (who also … ›

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here. … ›

Weekly litigation update — August 12, 2017

Wheat farming goes on trial Tuesday EPA defends its actions in response brief filed with Sixth Circuit Critical habitat for frogs and a toad challenged Amicus brief filed in Indian … ›

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 … ›

Weekly litigation update — August 5, 2017

  Farmer explains excessiveness of seeking 2.8 million dollar fine for planting wheat PLF asks court to dismiss lawsuit challenging use of Congressional Review Act Amicus brief in support of Maine property … ›

Secure property rights are the key to conservation

Too often, property rights and conservation are treated as if they are in tension. But, in reality, property rights are a proven means to encourage responsible stewardship, resolve conflicts over … ›

Weekly litigation report — July 8, 2017

California Supreme Court tells landowners to watch homes fall into the sea Land use in Florida: If you can’t dazzle them with brilliance …. PLF, other organizations, ask Arizona Supreme … ›

Weekly litigation report — June 17, 2017

Interior Secretary Zinke Recommends Bears Ears Reduction Indian River County School Board responds to public outcry, but continues to ignore First Amendment California Supreme Court protects private property Class Action … ›

Wisconsin Supreme Court to hear public trust case

An interesting public trust case will be heard in the Wisconsin Supreme Court that has some potentially significant ramifications. Like many lawsuits, it starts with a dispute between neighboring landowners (who also … ›

Oregon court rejects claim for public access to private lake

Late last week, Oregon’s court of appeals issued its long-awaited decision in the case, Kramer v. City of Lake Oswego—a case in which two public access activists shockingly claimed that the “public trust doctrine” should be extended to create easements across dry, upland property so that the public can gain access “to . . . navigable waters throughout the State or Oregon . . . regardless of ownership.”

The activists asked the court to force owners of a private, man-made lake to open up their community park to the general public. They argued that the right to recreate in certain waters also gave the public the right to cross over someone else’s land to get there.

Property owners call that trespass. Thankfully, the Oregon court agreed. And nothing in the public trust doctrine will make such a trespass lawful.

PLF asks Supreme Court to hear massive beach land grab case

This week, Pacific Legal Foundation attorneys filed a Petition for Certiorari asking the United States Supreme Court to review the case of Nies v. Town of Emerald Isle, discussed more here. … ›