News & Analysis as of

DEQ Proposes Wetland General Permit For Blueberry Farming, Public Comment Period Now Open

On December 30, 2013, the Michigan Department of Environmental Quality ("DEQ") publicly noticed a proposed general permit category for activities in wetlands. The activity involves blueberry farming and it -- at long-last --...more

Legal Update: What The Crystal Ball Says About Koontz

As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more

Supreme Court Rules On Permits

The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...more

The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an...

The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more

Zoning & Land Use -- July 2013: Supreme Court Strives to Protect Zoning Applicants from Unreasonable Government Demands

Recently the Supreme Court issued a decision that will have a material impact on applicants seeking zoning and land use related permits. In Koontz v. St. Johns River Water Mgmt Dist., 2013 WL 3184628, No. 11-1447 (U.S. June...more

U.S. Supreme Court: Federal Nexus And Proportionality Analysis Applies To Land Use Permitting Fees And To Both Denial And Granting...

A Florida landowner seeking a permit to develop part of a wetlands property offered a conservation easement on the undeveloped portion of the parcel to the local water management district. The district indicated it would not...more

Supreme Court Rules In Favor Of Landowner Seeking To Develop Property

On June 25, 2013, the United States Supreme Court in Koontz v. St. Johns River Water Management District rendered a decision that protects the rights of property owners when seeking construction permits to develop their...more

The Supreme Court Gets It Right On Takings - And Wrong - A View from "Inside the Curtilage": The Property Owner's Perspective

In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more

The Koontz Decision: Limits Conditions a Government can Impose on Developers  [Video]

The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

US Supreme Court Protects Landowners from "Extortionate" Demands by the Government in Land-Use Permitting Decisions, Including...

In a 5-4 decision authored by Justice Alito, and joined by Chief Justice Roberts and Justices Scalia, Thomas and Kennedy, the US Supreme Court in Koontz v. St. Johns River Water Management District broadened the protections...more

Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees

The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with a property owner/developer’s right to...more

U.S. Supreme Court Limits Monetary Exactions

In a victory for property owners and developers nationwide, the U.S. Supreme Court has just eliminated two main methods used by local governments to evade the Court’s landmark property rights decisions of Nollan v. California...more

A Victory for Property Rights: U.S. Supreme Court Rules for Developers Seeking Permit Approvals

On June 25, 2013, the U.S. Supreme Court handed down arguably one of the most influential Takings Clause decisions since the Kelo v. City of New London1 ruling in 2005. In a 5-4 decision in Koontz v. St. Johns River Water...more

United States Supreme Court Rules in Favor of Real Property Owner in Federal Constitutional Takings Case

The Supreme Court of the United States published an important land use case on June 25, 2013, which provided a partial victory for a real property owner, based on the denial of a permit by a Florida permitting agency. The...more

Supreme Court decision will impact land-development projects nationwide

In a decision that will impact land-development projects nationwide, the U.S. Supreme Court held this week that the government may not condition a land-use permit on mitigation requirements that do not have an essential...more

US Supreme Court Limits Governmental Power to Impose Conditions on New Development

The extent to which governmental authorities may condition land use permits on exactions and concessions from land use permit applicants has received extraordinary attention from the United States Supreme Court in recent...more

U.S. Supreme Court Rules For Property Owner In Important Takings Case

In a 5-4 decision, the U. S. Supreme Court expanded the reach of the requirement that there be a “nexus” and “rough proportionality” between the impacts of a proposed development and governmental conditions imposed on the...more

Denying Land-Use Approval if a Land Owner Will Not Pay for Mitigation Efforts Triggers Heightened Constitutional Scrutiny - U.S....

If a governmental authority denies approval of a land-use permit because an applicant refuses to spend money on a government project, such as a mitigation project, the government must defend its denial under heightened...more

Supreme Court Limits Conditions

The U.S. Supreme Court has issued its opinion in Koontz v. St. Johns River Water Management Agency. The case involved the extent of local government's ability to place conditions on the issuance of land use permits. Although...more

What the SCOTUS Opinion in Koontz v. St. Johns River Water Management District Means for Virginia Property Owners

Yesterday, the U.S. Supreme Court (“SCOTUS”) issued its opinion in Koontz v. St. Johns River Water Management District, No. 11-1447, slip op., 570 U.S. ___ (2013). Koontz, a victory for the property owner, is an important...more

Land Owners Complete a Clean Sweep at the U.S. Supreme Court

In our niche practice of eminent domain, inverse condemnation, and regulatory takings, the blogosphere world is going bonkers. Why? Because the United State Supreme Court just issued its decision in Koontz v. St. Johns...more

Supreme Court Renders Third Ruling in its Property Rights Trilogy: Koontz v. St. Johns River Water Management District

The Supreme Court of the United States today in a 5-4 decision written by Justice Alito reversed the Florida Supreme Court in Koontz v. St. Johns River Water Management District, holding that the Government cannot condition...more

NH Supreme Court Broadens Scope Of Review For Certain Wetland Permits

On June 5, 2013, the New Hampshire Supreme Court vacated a decision of the Wetlands Council for failing to consider the total wetlands impact of a project. ...more

Do We Really Have A Section 404 Permit?

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Warrantless Inspections are Not Warranted under the Freshwater Wetlands Protection Act

The New Jersey Supreme Court recently held that the New Jersey Department of Environmental Protection (NJDEP) may not conduct a warrantless administrative inspection of a residential property subject to a Freshwater Wetlands...more

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