Here they are, more amicus curiae briefs in n Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
That's the case asking whether the "essential nexus" and "rough proportionality" standards of Nollan and Dolan are applicable only to exactions for land, or whether they are generally-applicable tests. We filed our amicus brief yesterday (posted here).
- Brief of Amici Curiae Association of Florida Community Developers, the Florida Land Council, the Florida Farm Bureau, and the Florida Fruit and Vegetable Association in Support of the Petitioner - "By drawing the line as it did, the Florida Supreme Court invited state-sanctioned mischief.Amici now remain at the mercy of savvy but cash strapped agencies and local governments that maywell escape the Nollan/Dolan doctrine by simply recasting land dedications as impact fees or by changing the timing of an exaction, forcing applicants to submit to an exaction before challenging its constitutionality."
- Brief Amici Curiae Supporting Petitioner by National Association of Home Builders and 15 other groups- This brief, authored by Mike Berger, argues that "[n]o matter how well intentioned the government may be, the Constitution was not designed to make government's life easier at the expense of private citizens. Quite the contrary."
- Brief of Amicus Curiae the Land Use Institute, Ltd., in Suport of the Petitioner
- This brief responds to the Florida Supreme Court's assertion that holding all exactions to the Nollan/Dolan standards will result in permit denials in order to avoid takings liability.
- Brief of Amici Curiae Institute for Justice and the Cato Institute in Support of Petitioner - This brief details the widespread abuse of non-real property exactions in the absence of judicial scrutiny.
The property owner's brief on the merits is available here. The case is scheduled for argument on January 15, 2013.
