The Buckeye Institute has filed an amicus brief on Wednesday in the case of Lozman v. Riviera Beach, Florida. This action seeks the attention of the U.S. Supreme Court, urging the determination that the government cannot prevent property owners from any economically viable use of their land without providing compensation.
David C. Tryon, Director of Litigation at The Buckeye Institute, stated, “The Supreme Court has explained that the government cannot expropriate an ‘essential use’ of someone’s property without compensation. But that is just what the city of Riviera Beach did when it banned Mr. Lozman from building a house on his property after he bought the property.”
The brief argues that a regulation qualifies as a taking under the U.S. Constitution's taking clause if it deprives a property owner of a right fundamental to the use or value of the estate.
The preparation of the brief involved Tyler R. Green from Consovoy McCarthy, serving as the counsel of record for The Buckeye Institute, with additional input from students at the Antonin Scalia Law School Supreme Court Clinic.