Weekly litigation report — August 14, 2016

Property rights — California Supreme Court rules on compensation issues Complaint filed in extortionate low-income housing demand Ancient custom of beach driving? Sign ban repealed Endangered species and the green sturgeon Shoreline buffer exactions challenge at the Supreme Court WOTUS … Continue reading

Washington state exaction scheme before the U.S. Supreme Court

San Juan County’s scheme to force shoreline property owners into dedicating water treatment buffers is now pending on a certiorari petition with the U.S. Supreme Court in the case, Common Sense Alliance v. San Juan County. As you may recall, … Continue reading

PLF scores an important property rights win at the California Supreme Court

It’s no secret that California courts have been rather adventurous in finding ways around the rule that a permit condition must relate in both size and scope to development impact the condition is designed to mitigate. The nexus and proportionality … Continue reading

ABA panel discussion on affordable housing

On Thursday evening, I will appear on a panel discussion—“The Housing Crunch in Desirable Cities – Planning Alternatives and Legal Consequences”—as part of the American Bar Association annual meeting in San Francisco.  Moderated by Nadia Costa of Miller Starr Regalia, … Continue reading

San Francisco still trying to force landlords to pay for tenants’ high rent

In 2014 PLF successfully asked a federal court to strike down a San Francisco ordinance that required landlords to pay their tenants the difference between the rent they charged (often low due to rent control policies) and the current market … Continue reading

PLF’s cert petition on water quality buffers draws support

A month ago PLF asked the Supreme Court to hear Common Sense Alliance v. San Juan County, a case against an ordinance that unconstitutionally takes portions of shoreline properties as community storm water filters. The issue in the case is … Continue reading

City of Perris v. Stamper oral argument recap

On Thursday morning, the California Supreme Court heard oral arguments in City of Perris v. Stamper. See our brief in the case here and our previous blog posts on the case here and here for background information on the case. The oral … Continue reading

City of Perris v. Stamper update

The California Supreme Court heard oral arguments yesterday morning in City of Perris v. Stamper, a case in which PLF filed an amicus brief to support landowners’ rights to just compensation for property takings. At issue in the case is whether … Continue reading

Can a county turn your land into a water treatment facility without paying?

This week Pacific Legal Foundation filed this petition in the Supreme Court of the United States, asking it to decide whether the government can make shoreline property owners give up part of their land to serve as water quality buffers for … Continue reading

Supreme Court denies review of San Jose affordable housing case

This morning, the Supreme Court denied review in the legislative exactions case, California Building Industry Association v. City of San Jose (more about the case here). Although the decision ends the Association’s facial challenge to a city ordinance requiring new … Continue reading