Land-Use Permitting Tag

Supreme Court Decisions a Local-Government Attorney Might Read Again – Koontz

[caption id="attachment_48" align="alignright" width="300"] If you condition a land-use permit on mitigation or other responsibilities, you may have to defend the condition under Koontz.[/caption] With the Supreme Court recently concluding its 2012 term, now is a good time to look back. You have likely heard plenty about the Court’s high-profile holdings, including that:

• the Defense of Marriage Act is unconstitutional;
• human genes cannot be patented;
• a DNA cheek swab after certain arrests is reasonable under the Fourth Amendment; and
• Section 4 of the Voting Rights Act is unconstitutional.

But it’s often the decisions that slip by quietly that impact you most. We’ll be publishing a series of posts about decisions that didn’t get a lot of press, but that are worth revisiting.