Today, we are pleased that several organizations have filed friend of the court briefs also encouraging the Supreme Court to take the case. The Southeastern Legal Foundation, joined by National Federal of Independent Business Small Business Legal Center, filed this brief emphasizing the importance of resolving a growing dispute among lower courts over whether Nollan v. California Coastal Commission, Dolan v. City of Tigard, and Koontz v. St. Johns River Water Management District, apply to legislative exactions.
And our friends at the Cato Institute and Reason Foundation, joined by the National Association of Home Builders, filed a brief emphasizing the fact that the unconstitutional conditions doctrine, on which Nollan, Dolan, and Koontz are based, is commonly applied to legislative exactions in the Fifth Amendment context, and had its origin in cases applying the doctrine to legislative limits on First Amendment rights.
The Supreme Court will consider whether to hear the case during its June 23 conference. Our blog post is here.