This week the Supreme Court is likely to issue an opinion in Kisor v. Wilkie, a case that could potentially overturn what is known as “Auer deference.” For the legal commentariat, this is a big deal. But those that don’t spend their time buried in administrative or environmental law blogs may be wondering what all the… Read more »
Imagine that the local government passes an ordinance that makes it impossible to develop your property. Worse, it requires that you provide the public access to your property, whether you want to or not—effectively denying your most basic property rights. To top it all off, the local government says it isn’t going to pay you… Read more »
An Assessment by Property Rights Attorneys The Supreme Court has had a hard time deciding exactly when land-use regulations become so extreme as to amount to an unconstitutional “taking” of private property. But the uncertainty reached new heights last term, with the Court’s decision in Murr v. State of Wisconsin. In that case, the Court… Read more »
There are few constitutional rights more established than the right to own private property. Historically, there have been few Supreme Court justices that property law attorneys can rely on to consistently protect that right more than Justice Clarence Thomas. Yet, in the past six months Justice Thomas has released two opinions that should make… Read more »
Wondering what Kassouni Law is working on at the moment? Currently we are involved in litigation against the One Bay Area Plan. Here’s a link to our Client’s site http://globalizationofcalifornia.com/. One needs only to watch the site’s videos to see why we are so passionate about litigation in the defense of Constitutionally protected property rights.
For many in California the 2008 housing crisis never ended. Currently, thousands of California homeowners are behind or struggling to make mortgage payments on homes that simply are not worth what they agreed to pay when they took out their mortgage. To accommodate these unfortunate circumstances, a distressing number of California cities are now contemplating… Read more »
Last week the United States Supreme Court heard oral arguments in United States v. Apel — a case which has a number of free speech advocacy groups up in arms. But as Justice Scalia repeatedly pointed out during oral argument, the First Amendment is not at issue in the case. To understand this confusion, a… Read more »
The US Supreme Court will soon decide whether millions of property owners will maintain the ability to sue the government for regulatory takings arising under the Clean Water Act. Last June, a property owner filed a petition asking the Court to overturn the Federal Circuit Court of Appeal’s opinion in Mehaffy v. United States. In… Read more »
On May 15th, the Sacramento Land Use Lawyers at Kassouni Law sent a letter to the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) on behalf of Freedom Advocates and the Post Sustainability Institute, both of which are non-profit organizations dedicated to the preservation of private property rights, consistent with the Fifth and… Read more »
San Francisco, CA August 26, 2013 On August 21, 2013 the California Supreme Court let stand a precedent setting, landmark property rights decision issued by the Court of Appeal which has changed property rights law. Business and property owners now have added Constitutional protection from project development delays and overzealous government regulation, signaling a new… Read more »
