From Austin Waisanen, Pacific Legal Foundation <[email protected]>
Subject Trey and Shelby Scharp were hit with a $25k permit shakedown. Now, they’re fighting back.
Date May 22, 2025 10:19 PM
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If you set out to build a new home in Jackson, Wyoming—like our clients, the Scharps—you could face tens of thousands of dollars in so-called “workforce housing” fees...

Jackson, Wyoming, is home to one of the most expensive housing markets in the country.

Despite local officials' best intentions, the county’s permitting scheme—designed to help mitigate the area’s housing crisis—is only making matters worse. It’s also blatantly unconstitutional.

Fortunately, local residents Trey and Shelby Scharp are fighting back—and I’m proud to have taken on their case.

Yesterday, my colleagues and I joined the Scharps in filing a federal lawsuit against Teton County, which encompasses Jackson, over its excessive and unlawful permitting scheme.



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If you set out to build a new home in Teton County—like our clients, the Scharps—you could face tens of thousands of dollars in so-called “workforce housing” fees, designed to help fund the County’s subsidized housing program and offset the supposed impact of your new development.

But that entire premise is based on junk science—and it flies in the face of well-established Supreme Court precedent protecting property owners.

In fact, the Supreme Court has established some of the most relevant precedent through cases that PLF litigated—including Nollan (1987), Koontz (2013), and Sheetz (2024).

For the Scharps, these “workforce housing” fees totaled $25,000—an enormous sum they reluctantly paid.

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But now, they’re determined to fight back and ensure that no other hard-working families have to face the kind of permit shakedown that they did.

Put simply, the government cannot hold building permits hostage until property owners pay excessive fees unrelated to their projects.

Americans should be free to make reasonable, productive use of their own land—including building a home.

Thank you for standing with us. Stay tuned for updates.

In liberty,

Austin Waisanen

Attorney



You can learn more about the Scharp family’s story on our case page

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—or read the complaint

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we filed yesterday in the U.S. District Court of Wyoming for more details on our legal arguments.

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