Los Angeles, CA—October 2, 2023—FisherBroyles, LLP is pleased to announce that the Supreme Court of the United States (‘U.S.S.C.’ or ‘the Supreme Court’) has granted review in Sheetz v. El Dorado County, a case led by FisherBroyles Partner, Paul Beard II.

Sheetz v. El Dorado County concerns whether land-use permit exactions promulgated by a legislative body – e.g., a city council, a county board of supervisors, a state legislature – are subject to heightened constitutional scrutiny under the Takings Clause of the Fifth Amendment.

In 2013, Mr. Beard successfully briefed and argued another property rights case—Koontz v. St. Johns River Water Management District.  There, the U.S.S.C. recognized that monetary exactions imposed by permit agencies—not just demands for easements and other real-property interests—are subject to heightened constitutional scrutiny under the Takings Clause.

The U.S.S.C. will hear the argument for Sheetz v. El Dorado County in its January or February session.

Recognized in the prestigious “The Best Lawyers in America” ranking in the area of Land Use and Zoning Law since 2018, Mr. Beard is an exceptional land-use and environmental attorney and federal constitutional law expert.

 

Paul Beard II, Partner at FisherBroyles, said:

 “It is an honor to argue my second case before the Supreme Court of the United States, ten years after the Court ruled to strengthen the constitutional rights of property owners against monetary exactions imposed by permit agencies. Clarifying the status of land-use permit exactions under the Takings Clause of the Fifth Amendment builds on my prior Supreme Court win in Koontz – and on decades of my work in this area of the law.”

 

Joel M. Ferdinand, Global General Counsel and Managing Partner of Litigation, added:

“FisherBroyles congratulates Paul on his incredible achievement. The U.S.S.C. accepting this second case is testament to his unparalleled expertise in federal constitutional legal questions pertaining to land-use. The Firm is proud to count outstanding legal practitioners like Paul among its diverse partnership, and we look forward to his argument before the Supreme Court early next year.”

 

Mr. Beard serves a range of clients—from industrial landowners to residential and commercial developers—who seek to exercise their constitutional right to develop and improve their properties free of onerous conditions.

At Vermont Law School – an institution renowned for its teaching and scholarship on issues connected to land-use and environmental law – Mr. Beard teaches a course on Land Use Regulation.

Mr. Beard is admitted in California, where he is a Certified Specialist in Appellate Law (certified by the State Bar of California). He received his B.A. from the University of California, Los Angeles, and a J.D. from Cornell Law School.

 

Further information

FisherBroyles

Joel Ferdinand, Global General Counsel and Managing Partner of Litigation

[email protected]

Direct: +1.404.973.2180

 

Paul Beard II, Partner

[email protected]

Direct: +1. 818.216.3988

 

Thoburns

Ben Rothschild

[email protected]

Direct: +44 7492 092 052