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U.S. Supreme Court holds that permit conditions may be challenged

December 3, 2013 by Daniel G. Leave a Comment

permit conditions may be challengedThe court ruled that permit conditions could be challenged as unconstitutional even at the time the government denies a permit. A recent U.S. Supreme Court opinion will have a big impact on those applying for land use permits.  The decision in Koontz v. St. Johns River Water Management Dist., 570 U.S. __ (2013) represents a useful new tool for land owners to challenge permit conditions that may be disproportionate to the harm caused or that bear no relationship the permitted project. In the past, anyone wishing to challenge permit conditions had to accept the conditions and then file a challenge in court seeking just compensation under the Fifth Amendment for a taking. Under Koontz, parties can now choose to reject unconstitutional conditions and file a challenge immediately upon denial of a permit.

There is a useful summary of this case at http://tinyurl.com/q88st7e and the full text of the decision can also be downloaded from a link in that article.

Filed Under: Permits, Supreme court

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Mr. Gonzales is in private practice, providing representation, advice and counsel in complex real estate, corporate, and business transactions on behalf of public and private institutions, businesses, and individuals.

This material has been prepared by Daniel S. Gonzales for informational purposes only and does not constitute advertising, a solicitation, or legal advice. Neither delivery nor transmission of this material or the information contained herein is intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. The reader should not rely upon this information for any purpose without seeking legal advice from a licensed attorney. The information contained in this material is provided only as general information and is not promised or guaranteed to be correct or complete. Daniel S. Gonzales expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this material.

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