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home about us mission and position board members donate ask csa library science legal cao review by gmhb superior court review of gmhb court of appeals review of superior court decision supreme court review of appeals decision supreme court of the united states press release csa comments public letters stories cartoons videos maps repository newsletters cao documents smp documents contact us csa asks the supreme court of the united states—can a county turn your land into a water treatment facility without paying? [posted with permission from the plf liberty blog] may 11, 2016, tony francois on may 9, 2016, the pacific legal foundation filed this petition in the supreme court of the united states, asking the court to decide whether the government can make shoreline property owners give up part of their land to serve as water quality buffers for the surrounding community. this case, v. san juan county , deals with a perennial problem that property owners face. government jurisdictions require permits to develop property, and use that authority as leverage to take property which they would otherwise have to pay for. the supreme court has aptly described this as an “ out-and-out plan of extortion. “ the fifth amendment to the u.s. constitution requires just compensation when the government takes private property. many supreme court decisions hold that the government may only demand property from a permit applicant when necessary to mitigate a harm that the proposed project would cause. plf litigated some of the most important of these cases. nollan v. california coastal commission , 483 u.s. 825 (1987), holds that government may only demand property as a condition of permit approval if there is an essential nexus between the demand and some harm that the project would cause. koontz v. st. johns river water management district , 133 s. ct. 2586 (2013) holds that this requirement applies to demands for money or services, just as it does to real property interests, and confirms, as the court previously held in dolan v. city of tigard , 512 u.s. 687 (1994), that the government must also prove that the demand is roughly proportional to the impact. in , the washington state court refused to apply nollan and dolan to a san juan county buffer exaction because it was imposed by a generally applicable ordinance instead of made up on-the-fly by a land use planner. plf is asking the supreme court to clarify that nollan , dolan , and koontz prevent government from extorting property owners seeking permits, even when the property demands result from generally applicable ordinances, and even if the demanded property would be useful for general government purposes. plf attorneys ask washington supreme court to protect property owners from san juan county land grab [posted with permission from plf liberty blog] brian t. hodges october 2, 2015 washington’s “growth management” approach to regulating land-use adjacent to environmentally sensitive areas relies almost exclusively on presumptions and generalizations—demanding that landowners dedicate oversized buffers based on assumed impacts rather than any actual determination that a proposed development will or will not result in negative impacts. that approach results in a conflict between a landowner’s right to the continued use of his or her property as a traditional shoreline residence ( e.g. , lawn, home, deck, access to beach) and the government’s desire to put their private property to use as an undisturbed natural vegetation area designed to enhance and restore the environment. over the years, plf has championed the constitutional principal that government cannot compel land dedications as a mandatory condition on permit approvals without first demonstrating that the dedication is necessary to mitigate for some negative impact caused by the proposed development. plf began writing the latest chapter in this ongoing struggle today, filing a petition for review with washington’s supreme court in v. growth management hearings board . the case involves a challenge to san juan county’s newly updated critical areas ordinance, which conditions the issuance of new land-use permits on shoreline properties upon the owners’ dedication of a significant portions of their land as conservation areas designed to mitigate for all pollution entering and crossing over the shoreline properties, including pollution/storm water caused by neighboring land uses (including public roads). read more ... plf petitions state supreme court for review of court of appeal's decision in late september 2015, following the court of appeals’ order denying a motion for reconsideration by (csa) and the p.j. taggares company (taggares) of san juan county’s critical area ordinance (cao), sandy mackie of perkins coie llc withdrew as counsel for csa and taggares. brian hodges of the pacific legal foundation (plf) accepted representation of csa and was substituted as the attorney for csa and taggares. plf, a non-profit 501(c)(3) corporation, was established in 1973. it is the oldest and (and perhaps the most successful) public interest legal organization known to fight for limited government, property rights, individual rights and a balanced approach to environmental protection, csa is pleased to partner with plf who have been supportive of csa’s effort all along, and have filed amicus briefs at each court level. the following is a brief timeline of csa’s legal journey of the past 16 months since san juan county judge eaton upheld the growth management hearings board final decision and order of september 6, 2013, (ruling against csa) and finding san juan county (county) to be compliant with the requirements of the growth management act (gma): · june 19, 2014: sjc superior judge eaton upheld the growth board’s decision with his order. click on this link to read documents filed at this court level . · july 23, 2014: csa voted unanimously to appeal judge eaton’s decision and filed an appeal to the washington state court of appeals (court of appeals). o note: the friends of the san juans (friends), (another appellant in this case) has taken the same steps to appeal the court of appeals’ decision. o a lengthy period of time followed while all of the parties to this action filed briefs with the court of appeals. click on this link to read story . read more ... made a deal with the devil? deal with it. [posted with permission from plf liberty blog] brian t. hodges october 2, 2015 there’s an interesting issue lurking in plf’s petition for review in v. growth management hearings board : is a conservation buffer an interest in real property? briefly about the case: involves a challenge to san juan county’s newly updated critical areas ordinance, which conditions the issuance of new land-use permits on shoreline properties upon the owners’ dedication of a significant portions of their land as conservation areas designed to mitigate for all pollution entering and crossing over the shoreline properties, including pollution/storm water caused by neighboring land uses (including public roads). as you may have read here, plf attorney’s have filed a petition arguing that the critical areas ordinance violates the “essential nexus” and “rough proportionality” standards of nollan v. california coastal commission (1987) and dolan v. city of tigard (1994) , which hold that the government cannot condition approval of a land-use permit on a requirement that the owner dedicate private property to the public, unless the government can show that the dedication is necessary to mitigate impacts caused by the proposed development. but there’s an interesting question standing in the wings. is the government demanding a dedication of land to the public when it requires that permit applicants set aside a conservation buffer? washington’s court of appeals said “no” in its decision in this case . but it didn’t provide any reasoning for its conclusion beyond stating that a buffer did not look

URL analysis for commonsensealliance.net

http://www.commonsensealliance.net/library/stories/2369-are-you-looking-for-an-article
http://www.commonsensealliance.net/library/legal
http://www.commonsensealliance.net/library/maps
http://www.commonsensealliance.net/library/legal/review-of-gb-decision/2388-plf-says-there-is-no-nexus-or-proportionality-to-the-county-cao
http://www.commonsensealliance.net/library/legal/review-of-gb-decision
http://www.commonsensealliance.net/library/legal/court-of-appeals-review-of-superior-court-decision
http://www.commonsensealliance.net/library/legal/supreme-court-of-the-united-states
http://www.commonsensealliance.net/library/legal/superior-court-review-of-gmhb-decision/2414-plf-attorneys-ask-washington-supreme-court-to-protect-property-owners-from-san-juan-county-land-grab
http://www.commonsensealliance.net/library/science
http://www.commonsensealliance.net/library/press-release
http://www.commonsensealliance.net/library/public-letters
http://www.commonsensealliance.net/images/images/pdf/legal/brief%20amicus%20curiae.pdf
http://www.commonsensealliance.net/library/legal/superior-court-review-of-gmhb-decision/2415-made-a-deal-with-the-devil-deal-with-it
http://www.commonsensealliance.net/ask-csa
http://www.commonsensealliance.net/library/legal/review-of-gb-decision/2411-pacific-legal-foundation-comments-on-judge-eaton-s-decision

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Domain Name: COMMONSENSEALLIANCE.NET
Registry Domain ID: 1558282379_DOMAIN_NET-VRSN
Registrar WHOIS Server: whois.names4ever.com
Registrar URL: http://www.aplus.net
Updated Date: 2018-06-06T06:58:56Z
Creation Date: 2009-06-06T01:07:58Z
Registry Expiry Date: 2019-06-06T01:07:58Z
Registrar: Deluxe Small Business Sales, Inc. d/b/a Aplus.net
Registrar IANA ID: 52
Registrar Abuse Contact Email: [email protected]
Registrar Abuse Contact Phone: 855.791.8966
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