Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
2012 Term
Oral Argument Date
January 15, 2013
Questions Presented
(1) Whether a land-use agency can be held liable for a taking when it refused 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 (1987) and Dolan v. City of Tigard (1994) (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.
Case Updates
U.S. Supreme Court says government's demand for property from a land use permit applicant must satisfy constitutional requirements even when it denies the permit
June 25, 2013
The Court reversed the decision of the Florida Supreme Court holding that the government's demand for property from a land use permit applicant must satisfy the Nolan and Dolan requirements even when it denies the permit.
U.S. Chamber files amicus brief
November 29, 2012
The U.S. Chamber urged the Supreme Court to overturn a decision by the Florida Supreme Court that held denial of a permit is not a taking under the Constitution. In this case, the Respondent denied a land development permit to Petitioner because the Petitioner did not agree to perform the off-site “mitigation” the Respondent sought in exchange for the permit. The Chamber argued in its amicus brief that the Constitution's Taking Clause applies in this case because the Court has previously held that if government regulation denies all economically beneficial or productive use of private land, it is a per se taking, which requires government compensation. Additionally, the Chamber argued that the burden lies with the government, not the Petitioner, to prove that this is not the type of action that constitutes a taking.
Case Documents
- Cert. Petition - Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Respondent's Brief in Opposition to cert. - Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Petitioner's Reply Brief in Support of cert. - Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Petitioner's Brief on the Merits -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Respondent's Brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- United States merits amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- NCLC et al. amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- NFIB Small Business Legal Center amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Hillcrest Property LLP amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Land Use Institute amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Atlantic Legal Foundation et al. amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Institute for Justice amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Owners' Counsel of America amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- American Civil Rights Union merits amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Assoc. of Florida Community Developers, et al. merits amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Former Members of the National Research Council amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- National Governors Assoc. merits amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- American Planning Assoc. amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- California et al. amicus brief -- Koontz v. St. Johns River Water Management District (U.S. Supreme Court).pdf
- Decision -- Koontz v. St. Johns River Water Management District.pdf