Northland Township, North Dakota, scores a big win against the U.S. Fish & Wildlife Service; PLF clients file five new federal lawsuits across the country; and PLF senior legal fellow Stephen Davis calls out the government’s abuse of its eminent domain power.

Here’s what’s on The Docket. 

A small town in North Dakota just won a big fight against the Fish & Wildlife Service

North Dakota’s Northland Township is home to just 56 people. Mike Thorson, who serves as the Township’s road supervisor, is tasked with keeping the roads safe and accessible for his neighbors. 

But recently, the U.S. Fish & Wildlife Service (FWS) issued an obscure new rule that threatened Mike with criminal action simply for doing his job. Undeterred and with PLF’s support, Mike and the Township officials dug in their heels and prepared for a fight. Thankfully, FWS backed down, for now.   

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Victory for Seattle area homeowner; City’s requirement to plant ‘forever trees’ ruled unconstitutional

Nathan Rimmer is a real estate professional who’s worked in the Seattle area for the past 20 years. He’s no stranger to local land use regulations and has navigated his fair share of building codes. 

But when the City of Edmonds refused to issue Nathan a building permit for a new home unless he agreed to plant two “forever trees,” he decided to fight back with PLF’s help...and won.  

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Real estate entrepreneur fights for right to work in Nevada and West Virginia

Yesterday, Derek Eisenberg, a real estate entrepreneur represented by PLF, filed two federal lawsuits in Nevada and West Virginia challenging both states’ requirements that brokers maintain physical offices within the state. 

“States shouldn’t stifle innovative business models that make everyone better off,” said PLF senior attorney Anastasia Boden. “In-state office requirements are antiquated and anti-competitive...they no longer serve any legitimate purpose.”

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South Carolinian challenges racial quota for state commission 

Last week, PLF client Sandy Chiong filed a federal lawsuit challenging South Carolina’s unlawful racial quota for membership on the state’s Commission for Minority Affairs. Despite Sandy’s immigrant background and Chinese Cuban ancestry, she’s disadvantaged for consideration because she’s not African American.  

People should be treated as individuals, not judged on immutable characteristics like race or sex. We’re proud to represent Sandy in her fight to overturn this unjust and un-American policy.  

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Illinois family battles race-based scholarship program for future teachers

Louisa is a high school senior from the suburbs of Chicago. She’s long dreamed of becoming an elementary school teacher and was recently accepted to a great college, earning a sizable athletic scholarship and spot on the volleyball team. Now, the only remaining obstacle is figuring out how to pay for her education. 

Despite their best efforts, Louisa and her family still face a steep financial gap between what they have and what they need. The state-funded Minority Teachers of Illinois Scholarship Program could be the answer to their woes—Louisa meets all of the program’s stringent academic, financial, and residency requirements—but because she isn’t a part of one of the state’s preferred minority groups, she’s barred from applying. Now Louisa and her family are challenging the state’s race-based criteria, with PLF’s help.

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PLF victories in Sheetz and Nollan laid the groundwork for recent win for New York artists

On December 5, the New York Supreme Court’s Appellate Division unanimously ruled in favor of a group of New York artists, residents, and property owners who challenged the constitutionality of a controversial “Arts Fund” fee. Despite the program’s lofty intentions, in practice, the Arts Fund fee penalized landowners (at a rate of $100 per square foot) who attempted to create solutions to the area’s housing shortage. 
 
The group behind the lawsuit largely crafted its case around precedent set by three PLF Supreme Court victories (Nollan, Koontz, and Sheetz)—illustrating the lasting impact of our clients’ courageous stand in the face of an overbearing government. 

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Federal lawsuit challenges race balancing on West Virginia public board

Yesterday, PLF attorneys filed a federal lawsuit on behalf of the Foundation Against Intolerance & Racism (FAIR), a national nonprofit advocating equal protection under the law, challenging the constitutionality of the West Virginia State Bar’s race-based Board membership and voting requirements.  

Denying individuals the opportunity to serve on public boards due to their race is both unconstitutional and un-American. PLF is working to defeat these race and sex board quotas everywhere the unconstitutional practice is allowed.  

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Supreme Court vaping case is about the regulatory process

When regulators tell businesses what’s required for their products to be approved, they don’t always tell the truth. In September 2020, vape manufacturer Wages and White Lion Investments submitted applications to the FDA for its flavored vape products. Now, four years later, after experiencing “a regulatory switcheroo” from the FDA, White Lion is challenging the regulatory process at the Supreme Court. 

White Lion’s struggles are emblematic of the opaque and ever-changing regulatory processes in many markets that undermine innovation and competition. 

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Jury trials are worth fighting for and there’s work to be done

The Framers of the Constitution knew all too well the importance of a jury trial. They took careful measures to enshrine the institution in the Bill of Rights. But the hard-earned right to a jury trial has eroded in recent decades, thanks to federal agencies’ use of in-house tribunals. 

Fortunately, as PLF’s Kyle Griesinger points out, “the tide is beginning to turn” after the Supreme Court’s landmark ruling in SEC v. Jarkesy. “But there is still work to be done,” and PLF is at the tip of the spear—representing clients in multiple relevant cases, including two that were argued before the Fourth Circuit last week. 

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Standing up to the government’s abuse of its eminent domain power

As exasperating as it is for the government to take someone’s property through eminent domain, the silver lining—if you can call it that—is that victims are at least compensated in the process.  

Shockingly, in what’s known as “inverse condemnation,” the government often takes landowners’ private property—usually by opening the property to public use—without providing any notice or compensation at all. PLF senior legal fellow Stephen Davis outlines this sinister process and highlights a few heroic property owners who fought back in his latest piece.

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The Oregonian: Oregon’s antiquated laws block needed health services

Per capita, Oregon has the second-fewest hospital beds in the United States—a problem that’s been brewing for decades due to its “certificate of need” (CON) requirements. 

In her latest article in The Oregonian, PLF legal policy counsel Jaimie Cavanaugh points out, “CON laws were sold to the public with the hope that centralized health care planning would create greater access to care and lower health care costs. But a survey of the academic research on certificate of need laws shows they do exactly the opposite.” 

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PLF’s Robert Thomas joins Come and Take It: The Eminent Domain Podcast

Robert Thomas, director of PLF’s Property Rights practice group, recently joined Bobby Debelak on his Come and Take It podcast for a wide-ranging discussion on developments in eminent domain law over the past year, major cases on the horizon, and a lively cross-examination at the end highlighting Robert’s dream set list of 1970s bands. You can tune in to the full 80-minute podcast for free at the link below. 

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