New England Legal Foundation
  • Home
  • About
    • Mission & History
    • Annual Reports
    • Board of Directors
    • State Advisory Councils >
      • Connecticut
      • Maine
      • Massachusetts
      • New Hampshire
      • Rhode Island
      • Vermont
    • Trustees
    • Members
    • Staff
    • Job & Internship Opportunities
  • News & Events
  • Docket
  • Briefs
  • Donate
  • Contact

Esplanade Properties v. City of Seattle

10/1/2003

 
Whether the Government May Use the Public Trust Doctrine to Prohibit Development of Property Previously Transferred by the State for Development 

This case involved an effort by the City of Seattle to prevent, on the basis of the public trust doctrine, the development of property that the State of Washington sold as buildable property. The public trust doctrine holds that land under water is owned by the state and held by the state in trust for the public. Historically, states have alienated significant parcels of property free of the public trust or subject to limited public trust restrictions. In recent years, the environmental movement has tried to re-assert the public trust doctrine to prevent development of such property without payment of compensation for a regulatory taking.  

In 1991, Esplanade Properties (“Esplanade”) bought the property already platted as housing lots and zoned residential by the City of Seattle.  In 1992, Esplanade sought zoning relief to develop the property.  The City of Seattle ultimately denied Esplanade the ability to develop the property in any manner, citing its right under the public trust doctrine to preserve the area for recreational purposes.  Esplanade commenced a regulatory taking action in the United States District Court for the Western District of Washington. The District Court granted summary judgment to Seattle on its public trust defense. The District Court’s decision was affirmed by the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit decision contained some particularly broad and overinclusive language that retains public trust jurisdiction forever over all property that has ever been under water, no matter how long ago it was filled.

Pacific Legal Foundation, representing Esplanade, filed a petition for certiorari and NELF filed an amicus brief in support of that petition. NELF’s brief discussed the significant amount of alienated public trust property in New England, highlighting the national scope of the problem of state re-assertion of public trust restrictions over alienated property. NELF argued that federal courts need to protect property owners of former public trust properties and limited public trust properties from novel interpretations of the public trust that would retroactively eviscerate property owners’ long-held expectations for productive use of their properties.  On June 16, 2003 the Court denied the petition for writ of certiorari.


Comments are closed.

    The Docket

    To obtain a copy of any of NELF's briefs, contact us at info@nelfonline.org.

    Categories

    All
    1st Circuit Court Of Appeals
    2nd Circuit Court Of Appeals
    3rd Circuit Court Of Appeals
    Business Litigation Session
    CT
    CT Superior Court
    CT Supreme Court
    Employer Employee Relationships
    February 2018
    February 2019
    Government Regulation/Administration Of Justice
    MA
    MA Appeals Court
    MA Division Of Administrative Law Appeals
    March 2015
    MA Superior Court
    MA Supreme Judicial Court
    MA US District Court
    ME
    ME Supreme Judicial Court
    NH
    NH Supreme Court
    Property Rights
    RI
    RI Supreme Court
    SCOTUS
    United States Supreme Court
    US Court Of Appeals Federal Circuit
    US District Court ME
    VT
    VT Supreme Court

    RSS Feed

    Archives

    August 2020
    June 2020
    January 2020
    June 2019
    April 2019
    October 2018
    June 2018
    February 2018
    October 2017
    October 2016
    June 2016
    February 2016
    October 2015
    June 2015
    March 2015
    October 2014
    June 2014
    February 2014
    October 2013
    June 2013
    February 2013
    October 2012
    June 2012
    February 2012
    October 2011
    June 2011
    February 2011
    October 2010
    June 2010
    February 2010
    October 2009
    February 2009
    October 2008
    June 2008
    February 2008
    October 2007
    June 2007
    October 2006
    June 2006
    February 2006
    October 2005
    June 2005
    February 2005
    October 2004
    June 2004
    February 2004
    October 2003
    May 2003
    February 2003
    September 2002
    May 2002
    February 2002
    May 2001