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Case has potential impacts for local zoning and other permitting processes

The Supreme Court may have handed developers a huge win in a 5-4 decision released today (Koontz v. St. Johns River Water Management District).

The key issues were:

(1)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 agree to a permit condition.  In this case, Koontz argued that the permit conditions, if applied, would violate the essential nexus and rough proportionality tests set out Nollan and Dolan cases and

(2) Whether the nexus and proportionality tests apply to a land-use exaction.  In this case, the exaction took the form of a government demand that an applicant for a permit dedicate money, services or other type of personal property to a public use.

The court ruled 5-4 in favor of the property owner.

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Clearzoning has joined Giffels Webster