Washington’s “relevant parcel” analysis is pure shenanigans

Takings law is famous for its thorny inquiries. One of the prickliest is the so-called “relevant parcel” determination. In every regulatory takings case, the court must begin by identifying the nature of the property at issue—i.e., the “relevant parcel.” It … Continue reading

Weekly litigation update — September 17, 2016

First Amendment challenge to ban on automobile “For Sale” signs EEOC gets a haircut Petition for rehearing denied in Florida takings case Amicus brief filed in support of right to earn a living First Amendment challenge to ban on automobile … Continue reading

Florida appeals court issues decision that is truly for the birds

My handy-dandy Idiom Dictionary says the expression “for the birds” describes something “worthless” and “undesirable.” The dictionary goes on to explain the etymology as “based on the idea that birds eat seed, which is not worth much.” (It may also have … Continue reading

President’s weekly report — May 13, 2016

Victory in Wyoming! Our client Andy Johnson entered in this consent decree with the Environmental Protection Agency in Johnson v. EPA. This is the case where the EPA threatened Andy Johnson with millions of dollars in fines if he didn’t … Continue reading

Amici line up in support of the Murr family

Yesterday, eleven separate briefs representing over 30 entities were filed in the Supreme Court of the United States in support of the Murrs in this high profile regulatory taking case. Of particular note, the State of Nevada was joined by … Continue reading

Affordable housing scheme before U.S. Supreme Court

San Jose’s costly affordable housing scheme is now pending on a certiorari petition with the U.S. Supreme Court in the case, California Building Industry Association v. City of San Jose. As you may recall, in order to address the ever … Continue reading

PLF challenges burdensome development regulations in Lake Tahoe area

The Tahoe Regional Planning Agency (TRPA) has regulated land use in the Lake Tahoe Basin since 1969. It is a bi-state compact agency formed through an agreement between California and Nevada for the purpose of protecting Lake Tahoe and its … Continue reading

President’s weekly report — November 20, 2015

Mobile home park shakedown scheme challenged PLF attorneys filed this complaint this week in Jisser v. City of Palo Alto on behalf of a couple that would like to retire from the business of running a mobile home park but … Continue reading

Several amici join PLF’s request that the U.S. Supreme Court review San Jose’s inclusionary zoning ordinance

PLF received seven amicus briefs joining our request that the U.S. Supreme Court grant certiorari in the case, California Building Industry Association v. City of San Jose. As you may recall, PLF’s petition asks the Court to review a California … Continue reading

President’s weekly report — October 9, 2015

WOTUS rule stayed! The 6th Circuit Court of Appeals stayed EPA’s infamous Waters of the United States rule today.  While the court still has yet to decide whether it actually has jurisdiction over the challenges brought to the rule (as … Continue reading