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Community Rights Counsel
1301 Connecticut Avenue, NW, Suite 502
Washington, DC 20036
Phone: 202-296-6889
Fax: 202-296-6895


Legal Resources:
CRC Index of Briefs

 

2008

2007

2006

2005

2004

2003

2002

2001

2000

1999


 

2008

Rose Acre Farms, Inc. v. United States

Client: Center for Science in the Public Interest, American Public Health Association, Consumer Federation of America, National Consumers League, Safe Tables Our Priority, Government Accountability Project, Food & Water Watch, and Center for Foodborne Illness Research and Prevention
Issues: Loss-in-value threshold for a Penn Central taking; expectations in a heavily regulated industry; role of reasonableness of the regulation in takings analysis
Brief Filed: 2008

CRC's Amicus Brief (PDF)

2007

Riegel v. Medtronic, Inc.

Client: The Public Health Advocacy Institute, Prescription Access Litigation LLC, and Community Rights Counsel
Issues: Whether an express preemption provision preempts State law claims where the provision fails to contain an unambiguous statement reflecting Congress’s intent to include the State law claims within the scope of preemption.
Brief Filed: 2007

CRC's Amicus Brief (PDF)

Tapps Brewing, Inc., and Daniel and Andrea McClung v. City of Sumner Washington

Client: International Municipal Lawyers Association
Issues: Takings Clause of the Fifth Amendment, Nollan, Dolan
Brief Filed: 2007

CRC's Amicus Brief (PDF)

City of San Antonio v. El Dorado Amusement Co.

Client:Texas Municipal League, Texas City Attorney's Association, and International Municipal Lawyers Association
Issues: Zoning ordinance banning the sale alcohol, Takings Clause of the Fifth Amendment
Brief Filed: 2007

CRC's Amicus Brief (PDF)

2006

Engine Manufacturers Ass’n v. South Coast Air Quality Management District

Client: National League of Cities, League of California Cities, International Municipal Lawyers Association, and National Association of Clean Air Agencies
Issues: Preemption of state and local laws designed to promote clean vehicles; the meaning of "standard" in section 209(a) of the federal Clean Air Act.
Brief Filed: 2006

CRC's Amicus Brief (PDF)

Commonwealth of Massachusetts v. United States Environmental Protection Agency (U.S. Supreme Court)

Client: The U.S. Conference of Mayors, National Association of Counties, International Municipal Lawyers Association, American Planning Association, and the cities of Seattle, Albuquerque, Burlington, and San Francisco.
Issues: Whether the federal Clean Air Act authorizes U.S. EPA to regulate carbon dioxide and other greenhouse gases from new motor vehicles.
Brief Filed: 2006

MERITS-STAGE FILINGS

Petitioners' Brief
Joint Appendix

CRC's Amicus Brief (Clients listed above)
Scientists' Amicus Brief
Wildlife Amicus Brief
State Amicus Brief
Native Alaskan Amicus Brief
Former Administrators' Amicus Brief
Entergy Amicus Brief
North Coast Rivers et al., Amicus Brief
Aspen Skiing Amicus Brief
Delaware Amicus Brief
Religious Groups Amicus Brief
Ocean and Conservation Interest Amicus Brief
Calpine amicus brief
Madeleine Albright Amicus Brief

CRC Press Release
CRC’s Legal Times article

City of Burlington Press Release

CERT.-STAGE FILINGS

Cert. Petition
Cert. Pet. Appendix

Rapanos v. United States (U.S. Supreme Court)

Client: Association of State and Interstate Water Pollution Control Administrators (ASIWPCA)
Issues: Waters of the United States and Wetlands
Brief Filed: 2006

CRC's Amicus Brief (PDF)

2005

Wensmann Realty, Inc., and Rahn Family LP v. City of Eagan (Court of Appeals, State of Minnesota)

Client: League of Minnesota Cities
Issues: Reasonable Investment-Backed Expectations, Comprehensive Plans
Brief Filed: August 29, 2005

CRC's Amicus Brief (PDF)


San Remo Hotel, L.P. v. City and County of San Francisco, California (U.S. Supreme Court)

Client: Community Rights Counsel, California State Association of Counties, League of California Cities, and American Planning Association
Issues: Williamson County, issue preclusion, Full Faith and Credit Act
Brief Filed: March 1, 2005

CRC's Amicus Brief (PDF)


Susette Kelo v. City of New London (U.S. Supreme Court)

Client: National League of Cities, National Conference of State Legislatures, U.S. Conference of Mayors, Council of State Governments, National Association of Counties, International Municipal Lawyers Association, and International City/County Management Association
Issues: Public use, eminent domain
Brief Filed: January 21, 2005

CRC's Amicus Brief (PDF)


2004

Linda Lingle and Mark J. Bennett v. Chevron USA, Inc. (U.S. Supreme Court)

Client: National Conference of State Legislatures, National Governors Association, Council of State Governments, National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and International Municipal Lawyers Association
Issues: the viability of the Agins "substantially advance" formulation
Brief Filed: December 3, 2004
Opinion Issued May 23, 2005

CRC's Merits Amicus Brief (PDF)

Coast Range Conifers, LLC v. State of Oregon (Oregon Supreme Court)

Client: League of Oregon Cities, Multnomah County, National League of Cities, and International Municipal Lawyers Association
Issues: Takings; parcel-as-a-whole
Brief Filed: November 4, 2004

CRC's Merits Amicus Brief (PDF)

Paul Smith and Janet Smith v. The Town of Mendon, Planning Board of The Town of Mendon, Richard Burwardt in his official capacity as Chairman of the Town of Mendon Planning Board (Court of Appeals, State of New York)

Client: The Association of Towns of the State of New York, New York State Conference of Mayors and Municipal Officials, and the American Planning Association
Issues: Takings; Dolan's rough proportionality standard
Brief Filed: September 22, 2004

CRC's Amicus Brief (PDF)

Linda Lingle, Governor of the State of Hawaii, and Mark J. Bennett, Attorney General of the State of Hawaii v. Chevron USA (U.S. Supreme Court)

Client: National Conference of State Legislatures, National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City-County Management Association, and International Municipal Lawyers Association
Issues: takings, "substantially advance" test, means-ends inquiry, standard of review
Brief Filed: September 3, 2004
Opinion Issued May 23, 2005

CRC's Amicus Brief (PDF)

John Ashcroft, Attorney General, et al., v. Angel McClary Raich, et. al. (U.S. Supreme Court)

Client: Community Rights Counsel
Issues: Commerce Clause authority
Brief Filed: August 12, 2004
Opinion Issued June 6, 2005

CRC's Amicus Brief (PDF)

Coast Range Conifers, LLC v. State of Oregon (Oregon Supreme Court)

Client: League of Oregon Cities, Multnomah County, National League of Cities, and International Municipal Lawyers Association
Issues: Takings; parcel-as-a-whole
Brief Filed: May 5, 2004

CRC's Amicus Brief Supporting Petition (PDF)

Stearns Co., Ltd. v. The United States (U.S. Court of Appeals, Federal Circuit)

Client: National League of Cities and International Municipal Lawyers Association
Issues: Physical takings; assertion of regulatory jurisdiction
Brief Filed: April 2, 2004

CRC's Amicus Brief (PDF)

AETNA Health Inc. v. Juan Davila (U.S. Supreme Court)

Client: Community Rights Counsel and The Brennan Center for Justice at New York University School of Law
Issues: Whether section 502 of ERISA completely preempts, and thus requires removal of, a state-law action filed in state court by a patient injured by an HMO’s allegedly negligent medical necessity decision, where the state-law action is independent from ERISA and its resolution does not depend on the interpretation of ERISA or any ERISA plan?
Brief Filed: January 22, 2004

CRC's Amicus Brief (PDF)


2003

Engine Manufacturers Association and Western States Petroleum Association v. South Coast Air Quality Management District, et al. (U.S. Supreme Court)

Client: National League of Cities, National Conference of State Legislatures, National Association of Counties, Council of State Governments, International City/County Management Association, U.S. Conference of Mayors, and International Municipal Lawyers Association, Joined by The State and Territorial Air Pollution Program Administrators, and Association of Local Air Pollution Control Officials as Amici Curiae
Issues: Preemption of state and local laws designed to promote clean vehicles; the meaning of "standard" in section 209(a) of the federal Clean Air Act.
Brief Filed: November 17, 2003

CRC's Amicus Brief (PDF)

San Remo Hotel L.P., et al. v. City and County of San Francisco, et al. (9th Circuit Court of Appeals)

Client: California Association of Counties, League of California Cities, and International Municipal Lawyers Association
Issues: Williamson County, reservation of takings claims, Nollan/Dolan exactions
Brief Filed: November 12, 2003

CRC's Amicus Brief (PDF)

McCarran International Airport v. Steve Sisolak (Nevada Supreme Court)

Client: American Planning Association
Issues: Airport zoning; height restrictions; physical invasions
Brief Filed: September 24, 2003

 


Rose Acre Farms, Inc. v. United States (U.S. Court of Appeals, Federal Circuit)

Client: Center for Science in the Public Interest, American Public Health Association, Consumer Federation of America, National Consumers League, and Safe Tables Our Priority
Issues: Loss-in-value threshold for a Penn Central taking; expectations in a heavily regulated industry; role of reasonableness of the regulation in takings analysis
Brief Filed: August 4, 2003

CRC's Amicus Brief (PDF)

Harold D. Eyl v. Ciba-Geigy Corporation, Northeast Cooperative, and City of Wisner (U.S. Supreme Court)

Client: Natural Resources Defense Council, Beyond Pesticides, and Community Rights Counsel
Issues: Whether federal pesticide laws preempt state common law tort actions for the negligent acts of pesticide manufacturers and distributors
Brief Filed: May 30, 2003

CRC's Amicus Brief (PDF)

City of Lodi, California, v. Fireman's Fund Insurance, Co., Unigard Insurance Co., and Unigard Security Insurance Co. (U.S. Supreme Court)

Client: National League of Cities and International Municipal Lawyers Association
Issues: Preemption
Brief Filed: March 10, 2003

CRC's Amicus Brief (PDF)

Town of Flower Mound, Texas, v. Stafford Estates Limited Partnership (Texas Supreme Court)

Client: Texas Municipal League, Texas City Attorneys Association, International Municipal Lawyers Association, and American Planning Association
Issues: Takings; Dolan's rough proportionality standard
Brief Filed: February 28, 2003

CRC's Amicus Brief (PDF)


2002

Washington Legal Foundation, et al., v. Legal Foundation of Washington, et al. (U.S. Supreme Court)

Client: National League of Cities, International Municipal Lawyers Association, and Trial Lawyers for Public Justice
Issues: IOLTA
Brief Filed: October 18, 2002

CRC's Amicus Brief (PDF)

For other amicus briefs, background info, press releases, media coverage, and more on WLF v. LFW, click here.

Henry Dittmer v. County of Suffolk (2nd Circuit Court of Appeals)


Client: Association of Towns of the State of New York, New York State Conference of Mayors and Municipal Officials, and New York State Association of Counties
Issues: Due process, equal protection, chilling effect of frivolous lawsuits on land use planning
Brief Filed: August 14, 2002

CRC's Amicus Brief (PDF)


Franklin P. Kottschade v. City of Rochester
(8th Circuit Court of Appeals)

Client: League of Minnesota Cities, National League of Cities, and International Municipal Lawyers Association
Issues: Williamson County's state-court compensation requirement; sanctions for frivolous appeals
Brief Filed: June 13, 2002

CRC's Amicus Brief (PDF)

City of Glenn Heights v. Sheffield Development Company (Texas Supreme Court)

Client: Texas Municipal League, Texas City Attorneys Association, International Municipal Lawyers Association
Issue: Economic loss under Penn Central
Brief Filed: June 4, 2002

CRC's Amicus Brief (PDF)

Town of Flower Mound, Texas v. Stafford Estates Limited Partnership (Texas Supreme Court)

Client: Town of Flower Mound
Issues: Dolan's Rough Proportionality Standard
Brief Filed: May 2002

CRC's Amicus Brief (PDF)


County of Clark v. Tien Fu Hsu (Nevada Supreme Court)

Client: American Planning Association, Nevada Chapter of the American Planning Association, Tahoe Regional Planning Agency
Issues: airport zoning; Loretto per se rule
Brief Filed: March 18, 2002

 

Sam B. McQueen v. South Carolina Coastal Council (South Carolina Supreme Court)

Client: Municipal Association of South Carolina, International Municipal Lawyers Association
Issues: Lucas per se rule; public trust doctrine
Brief Filed: Spring
2002

CRC's Amicus Brief (PDF)


2001

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (U.S. Supreme Court)

Clients: Council of State Governments, National League of Cities, National Conference of State Legislatures, National Association of Counties, National Governors Association, International City-County Management Association, International Municipal Lawyers Association, and U.S. Conference of Mayors As Amici Curiae In Support of Respondents
Issues: Moratoria, Lucas per se rule, parcel
Brief Filed: November 13, 2001

CRC's Amicus Brief (PDF)

Brief for the United States as Amicus Curiae Supporting Respondents (PDF)

Respondents Brief (PDF)

To read the Court's opinion, click here.

Other briefs, press releases, analysis, media coverage, and more on the Tahoe-Sierra case.

Cwynar v. City and County of San Francisco (California Supreme Court)

Client: League of California Cities
Issues: Loretto per se rule; heightened scrutiny
Brief Filed: September 5, 2001

CRC's Amicus Letter (PDF)

R.T.G. v. State of Ohio (Ohio Supreme Court)

Client: Village of Pleasant City
Issue: Nuisance
Brief Filed: June 26, 2001

CRC's Amicus Brief (PDF)

For more information on RTG, click here.


R.T.G. v. State of Ohio
(Ohio Supreme Court)

Client: Village of Pleasant City
Issue: Nuisance
Brief Filed: October 8, 2001

CRC's Reply Brief (PDF)


San Remo Hotel v. San Francisco
(California Supreme Court)

Clients: League of California Cities and International Municipal Lawyers Association
Issues: Nollan/Dolan tests and impact fees; Legislative vs. adjudicative fees.
Brief Filed: April 10, 2001

CRC's Amicus Brief (PDF)

CRC’s Amicus Letter

Opinion at San Remo Hotel L.P. v. City and County of San Francisco, 98 Cal. Rptr. 2d 792 (Cal. App. 1 Dist. 2000)(No. A083530), as modified on denial of reh’g, 100 Cal. Rptr. 2d 1 (Cal. Ct. App. Sept. 6, 2000), cert. granted, (Nov. 21, 2000).


City of Battleground v. The Benchmark Land Company
(Washington Supreme Court)

Clients: Association of Washington Cities, Washington State Association of Municipal Attorneys
Issues: Nollan/Dolan tests and impact fees.

Brief Filed: March 16, 2001

CRC's Amicus Brief (PDF)

Washington Supreme Court review petition pending.

Machipongo Land and Coal Co., Inc. v. Department of Envtl. Resources (Pennsylvania Supreme Court)

Clients: Pennsylvania State Assoc. of Township Supervisors, City of Philadelphia, State Assoc. of Boroughs, Pennsylvania State Assoc. of Township Commissioners, County Commissioners Assoc. of Pennsylvania, Pennsylvania League of cities and Municipalities
Issues: Parcel as a whole.

Brief Filed: March 5, 2001

CRC's Amicus Brief (PDF)

To read the Court's opinion in PDF format, click here.

Lion’s Lair Enterprises v. Riverside County (California Supreme Court)

Client: CRC
Issues: Nollan/Dolan tests and permit conditions; legislative vs. adjudicative conditions.

Brief Filed: February 15, 2001

CRC's Amicus Letter (Feb. 15, 2001) (PDF)


Palazzolo v. Rhode Island
(U.S. Supreme Court)

Clients: American Planning Assoc., Int'l. Municipal Lawyers Assoc., Rhode Island Chapter of the American Planning Assoc., California State Assoc. of Counties.
Issues: Ripeness; Parcel as a whole; Lucas background principles.

Brief Filed: January 3, 2001

CRC's Amicus Brief (PDF)

To read the Court's opinion, click here.


2000

Palm Beach Isles v. United States (Federal Circuit)

Client: CRC
Issues: Parcel as a whole.

Brief Filed: June 2, 2000

CRC’s Amicus Brief in Support of Petition for Rehearing and Rehearing En Banc (PDF)

Opinion at Palm Beach Isles Assocs. v. United States, 208 F.3d 1374 (Fed. Cir. 2000), aff’d on reh’g, 2000 WL 1720704 (Fed. Cir. 2000), reh’g en banc denied, 2000 WL 1693725 (Fed. Cir. 2000)


1999

Lion’s Lair Enterprises v. Riverside County (California Supreme Court)

Client: CRC
Issues: Nollan/Dolan tests and permit conditions; legislative vs. adjudicative conditions.

Brief Filed: December 29, 1999

CRC’s Amicus Letter (Dec. 29, 1999) (PDF)

Thomas v. Anchorage Equal Rights Commission (9th Circuit Court of Appeals)

Client: CRC
Issues: Takings and fair housing laws; state compensation requirement.
Brief Filed: December 22, 1999

CRC's Amicus Brief (PDF)

Background info on CRC’s Amicus Brief in Support of Petition for Rehearing En Banc

Subsequent opinion at Thomas v. Anchorage Equal Rights Comm’n, 220 F.3d 1134 (9th Cir. 2000).


Lion’s Lair Enterprises v. Riverside County
(California Supreme Court)

Client: CRC
Issues: Nollan/Dolan tests and permit conditions; legislative vs. adjudicative conditions.

Brief Filed: September 28, 1999

CRC’s Amicus Letter (Sept. 28, 1999) (PDF)

(This letter was also filed on remand to the Court of Appeal in the above-referenced, ongoing litigation.)

Bonnie Briar v. Mamaroneck (N.Y. Court of Appeals)

Client: APA
Issues: Due Process vs. Takings (Agins Means-End Inquiry); Nollan/Dolan tests and zoning ordinances.

Brief Filed: August 30, 1999

CRC’s Amicus Brief (PDF)

Opinion at Bonnie Briar Syndicate, Inc. v. Town of Mamaroneck, 721 N.E.2d 971 (N.Y.1999).


Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency (9th Circuit Court of Appeals)

Client: International Municipal Lawyers Assoc.
Issues: Use vs. value under the Lucas per se rule.

Brief Filed: August 9, 1999

CRC’s Amicus Brief (PDF)

Subsequent opinion at Tahoe-Sierra Preservation Council Inc. v. Tahoe Reg’l Planning Agency, 216 F.3d 764 (9th Cir. 2000).

 

 

 

 

 

 

 

 

 

 

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