Tag: Supreme Court
U.S. Supreme Court Asked to Consider Constitutional Challenge to California Zoning Ordinance
Posted on Dec 22, 2015 in Articles
As we previously discussed, Owners’ Counsel of America (OCA) and the National Federation of Independent Business Small Business Legal Center (NFIB) have asked the U.S. Supreme Court to review an important property rights case decided by the California Supreme Court earlier this year. If not overturned, the case, California Building Industry Association v. San Jose, No. 15-330 (September 16, 2015), could set a damaging precedent that allows California agencies to impair the value of private property without paying the property owners just compensation.
OCA & NFIB Amici Brief: Cities Can’t Force Homebuilders To Provide More Than Fair Share Of Affordable Housing
Posted on Oct 22, 2015 in News & Events
Last week, OCA and the National Federation of Independent Business (NFIB) Small Business Legal Center filed an amici curiae brief with the United States Supreme Court urging the protection of private property rights from overreaching government regulation. The brief requests the Court agree to review the California Supreme Court’s decision in California Building Industry Association v. San Jose, No. 15-330 (September 16, 2015).
Amici Brief Asks Supreme Court to Confirm that Property Rights Are Fundamental Rights Deserving Constitutional Protection
Posted on Nov 11, 2014 in News & Events
The National Federation of Independent Business (NFIB) Small Business Legal Center, Cato Institute, Rutherford Institute and Owners’ Counsel of America (OCA) have joined together in filing an amici brief urging the U.S. Supreme Court to grant review of the Eleventh Circuit’s decision in Kentner v. City of Sanibel, No.13-13893 (May 8, 2014) (Supreme Court Docket No. 14-404).
OCA & NFIB Join Forces in Support of Private Property Owners in Texas and Nationwide
Posted on Aug 13, 2014 in News & Events
In July, the National Federation of Independent Business (NFIB) Small Business Legal Center and Owners’ Counsel of America (OCA) joined together to file an amici curiae brief (copy embedded below) in support of the property owner in State of Texas v. Clear Channel Outdoor, Inc., case number 13-0053, urging the Texas Supreme Court to uphold the award of just compensation to a billboard owner when the land on which its billboards were located was acquired by eminent domain.
Koontz Wins Again – Unconstitutional Exactions Are Still Unconstitutional and Money Remains Private Property Deserving Constitutional Protection
Posted on May 5, 2014 in News & Events
Last week, Florida’s Fifth District Court of Appeal once again ruled in favor of Coy Koontz, Jr. in the case concerning his late father’s regulatory takings claim against the St. Johns River Water Management District.
SCOTUS Brandt Decision Neither Derails Owners’ Takings Claims Nor Rails-to-Trails Conversions
Posted on Mar 13, 2014 in News & Events
On Monday, March 10, the Supreme Court ruled in favor of the landowner in Marvin M. Brandt Revocable Trust v. United States, No.12-1173 (Mar. 10, 2014), a rails-to-trails takings case. Writing for the majority, Chief Justice Robert’s clarified that the government, in this case the U.S. Forest Service, can not redefine commonly understood legal principles relating to real property and simply eliminate the property rights of landowners as a means to achieve its goal of expanding the National Trails System.
Supreme Court Hears Oral Argument in Rails-to-Trails Property Rights Case Today
Posted on Jan 14, 2014 in News & Events
Today, the U.S. Supreme Court hears argument in Marvin M. Brandt Revocable Trust v. United States, No. No. 12-1173, a Rails-to-Trails takings case. At the core of the dispute between the landowner and U.S. Forest Service is the meaning of the term railroad “right of way” as used in the 1875 General Railroad Right of Way Act and whether the federal government retained an “implied reversionary interest” in railroad rights of way granted under the Act.
OCA’s Supreme Court Amicus Brief Seeks to Block the Government’s Efforts to Derail Rails-to-Trails Takings Cases
Posted on Nov 21, 2013 in News & Events
The Owners’ Counsel of America (OCA) and National Federation of Independent Business (NFIB) Small Business Legal Center* filed an amici curiae brief in support of the landowner in Brandt v. United States, No. 12-1173 (cert. granted October 1, 2013) urging the United States Supreme Court to reverse a Tenth Circuit Court of Appeals decision which held that the United States retained an implied reversionary interest in railroad rights of way.
Supreme Court Grants Cert in Brandt v. US, Rails to Trails Takings Case
Posted on Oct 4, 2013 in News & Events
Earlier this week the U.S. Supreme Court granted certiorari in Brandt Revocable Trust v. United States, (12-1173). As our colleague, Robert Thomas, explains this was a “not-entirely-unexpected move” by the Court due to the fact that the Tenth Circuit acknowledged that its ruling created a “circuit split” and the Solicitor General did not oppose the landowner’s petition.
SCOTUS Confirms Property Rights Are Civil Rights Deserving the Highest Constitutional Protections in Koontz v. St. Johns River Water Mgmt Dist
Posted on Jun 25, 2013 in News & Events
The Supreme Court issued its decision today in Koontz v. St. Johns River Water Mgmt District, No. 11-1447 (cert. granted Oct. 5, 2012), holding that the “essential nexus” and “rough proportionality” standards established by Nollan and Dolan apply not only to exactions for land as a condition for land use permits but also to the government’s demand for money in exchange for permitting.