Supreme Court Signals Narrow Win for California Property Owner Fighting Permitting Fee

Supreme Court Signals Narrow Win for California Property Owner Fighting Permitting Fee

January 9, 2024, Courthouse News Service

Kevin King’s commentary was included in a Courthouse News Service article covering the U.S. Supreme Court’s consideration of George Sheetz v. County of El Dorado, California. The story covered how the court appears to be leaning on the case and whether their decision would have broader implications about permitting fees.

Kevin said it was likely there would be some form of constitutional scrutiny for these regulations in the future. Although the court has yet to agree on what this test will look like, Kevin said its examination of the matter signals a broader interest in balancing government regulations against the rights of property owners. “The Sheetz case, to me, reflects a broader trend at the Supreme Court in the court's ongoing interest in taking up property rights cases and takings cases,” he said. “In particular, I think there's a feeling out there that many lower courts have been unduly narrow in their application of the takings clause and have not been respectful enough of private property rights.”