Articles

Koontz oral argument : what was taken in Nollan and Dolan?

January 16, 2013 | By PAUL BEARD

Yesterday, the U.S. Supreme Court heard argument in our case, Koontz v. St. Johns River Water Management District. In this case, the District denied Coy Koontz permits to use 3.7 acres of a 15-acre lot, after he refused to acquiesce to its demand that he perform off-site improvements to 50-acres of publicly owned wetlands (in addition to dedicat ...

Articles

Koontz oral argument : Should Nollan and Dolan apply only to “stupid districts”?

January 17, 2013 | By CHRISTINA MARTIN

Tuesday, the United States Supreme Court heard Koontz v. St. Johns River Water Management District, argued by PLF attorney Paul Beard. A local government agency denied Coy Koontz a building permit because he refused to agree to unreasonable permit conditions. PLF argued that this permit denial was unconstitutional. In the hearing, the Court conside ...

Articles

Schuette victory : The Scalia concurrence

April 22, 2014 | By JOSHUA THOMPSON

Justices Scalia and Thomas counted for two of the six votes in favor of Proposal 2’s constitutionality.  Unlike Justice Kennedy, however, Justice Scalia’s opinion — joined by Justice Thomas — would not save the political structure doctrine.  Scalia’s concurrence argues that Hunter and Seattle should be left on the ...

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SCOTUS confirmation games : Playing the race card, with an empty recess appointment threat

February 29, 2016 | By TODD GAZIANO

President Obama has promised to nominate someone relatively soon for a lifetime seat on the Supreme Court made vacant by Justice Antonin Scalia’s passing. President Obama hopes either to weaken the Senate majority’s resolve, which is to let the American voters decide who shall fill the vacancy, or to play politics with the issue. Alas, ...

Articles

PLF files amicus brief in Clean Water Act case

July 21, 2017 | By MARK MILLER

Today Pacific Legal Foundation asked the Ninth Circuit to accept an amicus brief, written on behalf of Mike and Chantell Sackett, as well as John Duarte and Duarte Nursery, supporting the defendant in United States v. Joseph David Robertson. The issue we comment upon involves how the courts should apply the Supreme Court’s Rapanos decision ...