U.S. Supreme Court Oral Arguments Set In Koontz v St John's River Water Management District for January 15, 2013

by Rosa Eckstein Schechter
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One month from now, the United States Supreme Court will hear oral argument in Case No. 11-1447, styled Coy A. Koontz, Jr., Petitioner v. St. Johns River Water Management District, Respondent (read the docket here). We've monitored this case for awhile now (read more about its 18+ year history here) as Mr. Koontz continues his father's lawsuit over 3.7 acres of land from the various Florida courts to the highest court in the nation.

Koontz v St. Johns River WMD Oral Argument on January 15, 2013

On a wintery Tuesday morning next month, attorneys for both sides will present their arguments to the Supreme Court Justices and presumably, several of the counsel for those friends of the court who have filed amicus curaie briefs in the case will also be present.

Questions Presented

Here are the two questions that will be addressed next month, and it is only these two legal issues that will be heard:

1. Whether the government can be held liable for a taking when it refuses to issue a land-use permit on the sole basis that the permit applicant did not accede to a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994); and

2. Whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use.

Briefing Filed and Online For Your Review

As for the briefing filed by the friends of the court, most of this briefing has been filed on behalf of the petitioner, Mr. Koontz. Will this make a difference? The only thing that is known for sure is that these filed briefs will be read and subject to discussion during the oral arguments next month.

On file before the U.S. Supreme Court are the following amici briefs, click on the link and you can read the briefing for yourself that has been made available online (at other than subscription services):

  1. Brief amici curiae of Association of Florida Community Developers, et al.
  2. Brief amicus curiae of National Federation of Independent Business Small Business Legal Center.
  3. Brief amicus curiae of Hillcrest Property, LLP
  4. Brief amicus curiae of American Civil Rights Union
  5. Brief amicus curiae of Land Use Institute, Ltd.
  6. Brief amici curiae of National Association of Home Builders, et al.
  7. Brief amici curiae of Atlantic Legal Foundation, et al.
  8. Brief amici curiae of Institute for Justice, et al.
  9. Brief amicus curiae of Owners' Counsel of America.

 

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Rosa Eckstein Schechter
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