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Tag: ripeness

November 02, 2018

Weekly litigation report — November 2, 2018

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 ...

June 22, 2018

PLF asks Supreme Court to revive property rights protections

Yesterday, PLF filed a petition asking the Supreme Court to review a decision that diminishes property rights by throwing unnecessary obstacles to raising Fifth Amendment claims. The story behind this case began many years ago, when Simone and Lyder Johnson set out to build their dream home, along with some other possible residential development, ...

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 ...

September 22, 2017

PLF asks Supreme Court to secure property owners’ path to takings claim

This week, PLF filed this amicus brief in Beach Group Investments, Inc. v. Florida Department of Environmental Protection.  This case raises yet another example of how the lower courts are struggling to interpret the Supreme Court's "final decision ripeness" rule in takings claims. The takings ripeness doctrine requires a final administrative deci ...

July 08, 2017

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 Court to properly define "tax" Can government condemn a business operation and hand it over to a competitor? Washington court limits reach of public tru ...

July 07, 2017

Government evades property rights by stalling

For an example of how impossible it can be for property owners to ripen (i.e., get a court to hear) a takings claim, look no further than the decision today in GolfRock, LLC v. Lee County.  Even when the government regulates away the use of your land, it can sometimes be very difficult to get courts ...

June 16, 2017

An unjust loss for property rights in Florida's Fifth DCA

Earlier today, we learned that Florida’s Fifth District Court of Appeal reversed a jury award for millions of dollars to a family that had its property rights basically ignored by a small town on Florida’s east coast. The family relied upon the town council of Ponce Inlet’s invitation to develop several pieces of property at gre ...

November 12, 2015

PLF asks High Court to overrule procedural rules barring takings cases

This week, PLF attorneys filed a Petition for Certiorari asking the Supreme Court to review the case of Arrigoni Enterprises LLC v. Town of Durham,  a ten -year regulatory takings dispute arising from a Connecticut town’s denial of a property owner’s development plans. The Petition specifically urges the Court to take the case fo ...

October 09, 2015

Can government evade property rights protections by stalling?

Yesterday, PLF filed a friend-of-the-court brief in the Second District Court of Appeal in GolfRock, LLC v. Lee County.  This case demonstrates what happens when courts fail to recognize that a  property rights claim is "ripe" (i.e., adequately developed for the court to determine the merits of the claim). The owners of GolfRock, LLC initially s ...

April 29, 2015

Will the Supreme Court's second Horne decision undermine Williamson County ripeness?

One issue that has received little attention following the oral argument in Horne v. United States Department of Agriculture is the question of what the Hornes' remedy should be if they prevail. Readers will recall that the Supreme Court last Wednesday considered a depression-era law requiring raisin farmers, like plaintiffs Marvin and Laura Horne, ...