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 Petition presents the important question of “whether the Takings … Continue reading

Supreme Court schedules oral argument in Murr for March 20, 2017

Today, the United States Supreme Court issued its oral argument calendar for March, 2017. Pacific Legal Foundation (PLF) is pleased to note that the Court included PLF’s important property rights case, Murr v. State of Wisconsin, on that March calendar. The … Continue reading

Setting the town straight on North Carolina beach dispute

The dry beach takings case of Nies v.Town of Emerald Isle, described more fully here, continues to generate debate in North Carolina. Recently, the Manager of Defendant Town of Emerald Isle published an article criticizing the Nies’ s view of the … Continue reading

NC Supreme Court agrees to review beach access takings case

Today, the North Carolina Supreme Court agreed to review the case of Nies v. Town of Emerald Isle, a beach property rights dispute pitting a couple’s right to limit access to their beachfront land against a local government’s desire to open it … Continue reading

In modern constitutional battles, its often 1984, not 2016

My son is currently reading George Orwell’s classic dystopian novel, 1984.  As many of you probably remember, the story is about a society subject to pervasive government control and monitoring and one person’s (Winston Smith) attempt to escape that control through small acts of … Continue reading

Commission Creep: Under rule of dysfunctional coastal agency, every act is illegal “development”

So this is where the California Coastal Commission experiment ends:  if you put a lock on a gate, paint a billboard, say mean things at a surf break, try to keep trespassers off your coastal land, or move a cow into … Continue reading

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 … Continue reading

First Circuit to consider puppy takings claims and government ripeness games

On October 6, 2015, the First Circuit Court of Appeals will hear oral argument in Perfect Puppy, Inc. v. City of East Providence, R.I., an important and interesting takings case.   The dispute, described more fully here and here, arose when … Continue reading