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Baker and Swenson co-author article in leading zoning law journal

John Baker and Kate Swenson co-authored an article in Zoning and Planning Report entitled “Koontz v. St. Johns River Water Management District: Trudging Through a Florida Wetland with Nine U.S. Supreme Court Justices.”

The article discusses the Koontz case, which is pending before the United States Supreme Court. The Court has been asked to rule on whether the Nollan-Dolan requirements for land-use exactions apply where (1) the permit applications were denied, not granted subject to conditions, and (2) the permit conditions proposed by the government did not require the landowner to relinquish a real-property interest. The article identifies plausible outcomes of the Koontz case, taking into consideration the Court’s reasoning in Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994), the unique facts of the case, Florida wetlands policy, and the justices’ pointed questions at oral argument.

John and Kate’s article has received attention on two prominent blogs, the Municipal Minute and inversecondemnation.com.

Contact John Baker or Kate Swenson for more information about Greene Espel’s government and constitutional litigation practice.