A positive decision in favor of logic and reason and private property rights. Wow!
In Koontz v. St. Johns River Water Management District, the Supreme Court reviewed 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.
The vote is 5-4.
This was a significant victory for property rights advocates complaining about permitting conditions on their building.
The holding: 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.
Read the full opinion here.