Here's the property owner's merits brief in Koontz v. St Johns River Water Mgmt Dist., No. 11-1447 (cert. granted Oct. 5, 2012).
This case presents two questions:
- Whether the government violates the Takings Clause when it refuses to issue a land-use permit on the sole basis that the permit applicant did not accede to a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan and Dolan?
- Whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use.
The amicus briefs in support of the property owner are due next week. We'll post those when available.
Petitioner's Brief on the Merits, Koontz v. St. Johns River Water Mgmt Dist., No. 11-1447 (Nov. 21, 2012)
