Supreme Court Decision Alert - June 25, 2013

Keywords: Koontz v. St. Johns River Water Management District, land-use permit, wetlands, regulatory taking, Nollan-Dolan standard,

Today the Supreme Court issued one decision, described below, of interest to the business community.

Takings—Whether Government May Deny Permits Based on Property Owner's Refusal to Pay for Unrelated Improvements Takings—Whether Government May Deny Permits Based on Property Owner's Refusal to Pay for Unrelated Improvements

Koontz v. St. Johns River Water Management District, No. 11-1447 (previously discussed in the October 8, 2012, Docket Report)

Today, in a 5-4 decision in Koontz v. St. Johns River Water Management District, No. 11-1447, the Supreme Court clarified its holdings in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), which prohibit the government from conditioning the approval of a land-use permit on an owner's relinquishment of a portion of his property unless there is a nexus and rough proportionality between the government's demand and the effects of the proposed land use.

Justice Alito authored the majority opinion and was joined by Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas. Justice Kagan dissented and was joined by Justices Ginsburg, Breyer, and Sotomayor.

Petitioner Koontz wanted to develop a...