Articles

Weekly litigation report — January 5, 2019

January 05, 2019 | By JAMES BURLING

PLF files opposition to summary judgment in suit to protect happy hour speech Since PLF client Geoff Tracy filed his lawsuit to strike down Virginia's ban on Happy Hour advertising, the state of Virginia has attempted every trick in the book to defend its silly ban on "Thirsty Thursdays." Most recently, Virginia's motion for summary judgment foc ...

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Good news in fight to end Michigan’s tax foreclosure abuse

November 29, 2018 | By CHRISTINA MARTIN

In 2011, PLF client Uri Rafaeli of Oakland County, Michigan, accidentally underpaid property taxes by $8. He paid all the following years' taxes on time. But in 2014, after making his first tax payment for the year, he discovered that the County had foreclosed on his home to collect the $8 debt, plus about $277 in penalties, interest, and fees. The ...

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Rose Knick’s historic Constitutional case to be reargued

November 07, 2018 | By CHRISTINA MARTIN

Rose Knick thought the pinnacle of her case would be on October 3, 2018, when eight Supreme Court justices spent an hour hearing legal arguments arising from her attempt to hold Scott Township accountable for taking her property without paying for it. But now Rose will do something few people who make it to the Supreme Court do: she will be returni ...

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Weekly litigation update — October 27, 2018

October 27, 2018 | By JAMES BURLING

This road to the Supreme Court takes PLF through the U-P caption id="" align="alignnone" width="538" The new route would cut trip distances in half, keep industrial mining trucks out of towns and traffic, and save 450,000 gallons of fuel a year. But the EPA obstructs./caption This week Pacific Legal Foundation filed its latest Petition for Wr ...

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PLF urges SCOTUS review of Hurricane Katrina flooding case

October 25, 2018 | By JEREMY TALCOTT

By any measure, Hurricane Katrina was a disastrous natural catastrophe. But for many landowners in St. Bernard Parish, what might have been a damaging but survivable storm was transformed into total devastation by a series of government actions and omissions stretching back decades. Last week, we filed this amicus brief asking the Supreme Court to ...

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Weekly litigation update — October 6, 2018

October 06, 2018 | By JAMES BURLING

A shy frog becomes the center of attention at the Supreme Court This week the Supreme Court of the United States heard oral argument in our Endangered Species Act case known as Weyerhaeuser Company v. United States Fish & Wildlife Service. The Court accepted the case to consider two questions. First, whether the federal government can design ...

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Cato and NFIB urge the Supreme Court to review Florida property rights decision

July 27, 2018 | By CHRISTINA MARTIN

caption id="attachment_59765" align="alignright" width="227" The Johnson Family (Photo by Jordan Clancy, as printed in Floridian View Magazine)/caption This week, our friends at the Cato Institute and NFIB Small Business Legal Center filed an excellent friend-of-the-court-brief supporting our clients in Pacetta, LLC v. Town of Ponce Inlet.  The ...

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Weekly litigation report

June 23, 2018 | By JAMES BURLING

Victory in New Orleans home demolition case! Supreme Court goes part of the way on limiting administrative power PLF files reply brief to compel California agency to follow state law. PLF asks Supreme Court to review Florida property rights case Victory in New Orleans home demolition case! Today, we secured a total victory in Gar ...

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PLF wins in New Orleans property demolition case

June 22, 2018 | By J. DAVID BREEMER

Today, we received a favorable, published decision from the Fifth Circuit Court of Appeals in the case of Garrett v. City of New Orleans.   This case challenges the City's demolition of a town home a couple (the Garretts) purchased from the City. The City destroyed the home without any notice, hearing or compensation to the Garretts.  When the G ...