A legacy of freedom victories in the courts

True to its reputation as America’s rescuer of liberty, Pacific Legal Foundation takes on some of the toughest legal cases and with its “David” strength, fights and wins impressive victories against “Goliath” government agencies to protect Americans’ constitutional rights and liberties. This list of PLF’s “Top 10 Victories”—many at the nation’s highest court—demonstrate the profound effect of our legal team to deliver real benefits to mainstream Americans (in chronological order):

Property Rights

Nollan v. California Coastal Commission (1987)

One of the most important property rights decisions in the U.S. Supreme Court’s history, Nollan outlawed an egregious form of “shakedown” by land use regulators; specifically, it said government may not condition the granting of a building permit on the landowner making some payment or surrender of property that has no connection to the impact of the proposed building project. PLF attorneys represented Pat Nollan and his family, who simply wanted to replace their dilapidated and cramped bungalow on property they owned in Ventura with a single-family home.

Individual Rights

Keller v. State Bar of California (1990)

A First Amendment case holding that a trade or professional organization to which professionals are legally bound to belong may not use their mandatory dues to fund ideologically based lobbying. In a unanimous decision by Chief Justice William Rehnquist, the Court held that attorneys may be compelled to belong to the State Bar, but that their mandatory dues could be used only to regulate the legal profession or improve the quality of legal services available to the people of the state.

Property Rights

Suitum v. Tahoe Regional Planning Agency (1997)

This United States Supreme Court ruling stopped regulators from demanding that an elderly, wheelchair-bound widow attempt to sell her minuscule transferable development rights in a nonexistent market before being able to seek judicial relief for denial of her right to build a home. PLF attorneys represented Bernadine Suitum who wanted to build a small home in an established subdivision at Incline Village near Lake Tahoe.

Race- and Sex-Based Discrimination

Hi-Voltage Wire Works, Inc. v. City of San Jose (2000)

The California Supreme Court struck down San Jose's government contracting program as unconstitutional under Proposition 209. This landmark Pacific Legal Foundation case was "the most important civil rights dispute in many years to reach [California's] high court," The Associated Press reported. Since the passage of Prop. 209, PLF has been the key watchdog enforcing the prohibition of sex- and race-preference programs approved by voters in 1996.

Property Rights

Bea v. Columbia River Gorge Commission (2000)

A unanimous 8-0 victory in the Washington Supreme Court enabled Brian and Jody Bea to move into their home in the Columbia River Gorge Scenic Area. PLF attorneys defended the young couple who began building their dream house in Skamania County, Washington. After the Beas secured all their necessary permits and their home was nearly 80% complete, the Columbia River Gorge Commission told them it didn't like the way the house looked and won a trial court decision ordering the home to be moved or torn down. PLF appealed their case directly to the Washington Supreme Court.

Property Rights Palazzolo v. Rhode Island (2001)
	This ruling at the U.S. Supreme Court held that government is not relieved from its Fifth Amendment obligation to provide compensation for excessive regulations on private property merely because the property has changed hands since the regulations first took effect. PLF defended landowner Anthony Palazzolo who challenged the Rhode Island Coastal Resources Management Council.

Environmental Regulation Abuse

Rapanos v. United States (2006)

This Supreme Court decision narrowed the scope of federal Clean Water Act jurisdiction, so that landowners who are not close to "navigable waters" may not be subjected to federal micromanaging of their property. When federal agents fined farmer John Rapanos millions under the Clean Water Act for moving sand on his property 20 miles away from any waterway, PLF defended him in the U.S. Supreme Court and won.

Race- and Sex-Based Discrimination Parents Involved in Community Schools v. Seattle School District and Meredith v. Jefferson County Board of Education (2007)
	Held that school districts that voluntarily adopt student assignment plans that rely on race to determine which schools certain children may attend violate the Equal Protection Clause of the United States Constitution. As amicus, PLF attorneys participated as second chair at oral argument assisting Meredith's attorney.

Endangered Species Act Abuse

Contoski v. Kempthorne (2007)

Responding to a successful lawsuit filed by Pacific Legal Foundation attorneys, on August 9, 2007, the bald eagle was finally removed from the federal list of threatened and endangered species. The bald eagle was listed as a protected species in the lower 48 states under the Endangered Species Act in 1978. Fortunately, by 1999, the eagle had sufficiently recovered for U.S. Fish and Wildlife Service biologists to recommend the delisting of the American icon, but federal officials took no action. Representing Minnesota landowner, Ed Contoski, who was prevented from using his property due to land use restrictions for the eagle, PLF filed suit in federal court to have the eagle declared recovered.

Race- and Sex-Based Discrimination

Coral Construction, Inc. v. City and County of San Francisco (2010)

This powerful victory for equal justice under the law was declared when the California Supreme Court rejected San Francisco's race- and sex-based quotas in public contracting. The court recognized that Proposition 209 is a civil rights measure that protects everyone, regardless of background and that San Francisco's public contracting process unconstitutionally discriminated against Coral Construction, Inc., and Schram Construction, Inc. which had bid on public works contracts. PLF attorneys represented Coral Construction, Inc. in dismantling San Francisco's quotas.