Wisconsin Supreme Court to hear public trust case

An interesting public trust case will be heard in the Wisconsin Supreme Court that has some potentially significant ramifications. Like many lawsuits, it starts with a dispute between neighboring landowners (who also happen to be brother and sister). At issue is whether … Continue reading

Weekly litigation update — May 13, 2017

PLF fights for booksellers’ First Amendment rights On Thursday, PLF filed a major civil rights lawsuit on behalf of Book Passage, a bookstore in the Bay Area. The lawsuit challenges a California statute that requires businesses that sell signed items … 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

NC town’s webpage defends invasion of beachfront property in PLF case

In Nies v. Town of Emerald Isle, PLF attorneys represent North Carolina property owners whose dry beach front land has been converted into a roadway for Town and public vehicles by Town laws. The owners — the Nies — sued the Town of Emerald … Continue reading

PLF files amicus brief in the Oswego Lake public access lawsuit

Today, PLF attorneys filed an amicus brief with the Oregon Court of Appeals in Kramer v. City of Lake Oswego—a case in which two public access activists argue that the “public trust doctrine” should be extended to create easements across … Continue reading

Town settles one PLF beach takings case; dragged to trial in another

Several years ago, Pacific Legal Foundation (PLF) become involved as lead counsel in two important beach property disputes out of North Carolina, as discussed further here.  The cases are Town of Nags Head v. Toloczko and Sansotta v. Town of Nags Head.  In … Continue reading

Siskiyou County seeks high court review of groundwater decision

Last month, the Sacramento Superior Court issued a decision in Environmental Law Foundation v. State Water Resources Control Board, holding among other things that Siskiyou County cannot issue any new well permits unless it assesses the impacts of new groundwater … Continue reading

D.C. Circuit deflates environmentalists’ attempt to create a “public trust” in the air

Last week, the D.C. Circuit issued a short unpublished decision in Alec L. v. EPA, beating back a strange attempt to assert a “public trust” in the air. As previously noted, the case was part of a concerted effort by … Continue reading

Florida state agency tries to renege on 130-year old land sale

Florida has some great legal protections for private property. For example, the Bert J. Harris Act passed in 1995, was designed to protect private property from government actions that “inordinately burden, restrict, or limit private property rights” but that may … Continue reading