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Hollister in Nat'l Assn of Home Builders "Koontz Toolkit"

June 9, 2014

The National Association of Home Builders (NAHB) has issued a “toolkit” to its members nationwide explaining last year’s landmark U.S. Supreme Court decision in Koontz vs. St. Johns River Water Management District. In addition to online written materials, the toolkit includes a video featuring Tim Hollister, a partner in Shipman & Goodwin’s Hartford office and Co-Chair of the firm’s Real Estate, Environmental and Land Use Practice Group.

Koontz involved the authority of public agencies to impose conditions of approval on land use permits. The defendant water management district told the Koontz family that it could only develop part of a 14-acre site near Orlando, Florida if it left 13 of the 14 acres undeveloped and paid the district money to make drainage improvements on district-owned land, several miles away and unrelated to the Koontz property. The U.S. Supreme Court invalidated the condition, and clarified that constitutional limits on approval conditions apply even when the permit is ultimately denied, and even when the government’s demand is for money, as opposed to land or an interest in land.

In the NAHB video, Attorney Ken Bley of Los Angeles explains the background law that led to the Koontz case, while Tim Hollister explains the Koontz case itself and its implications for land use law for both private property owners and public agencies. “I am honored to have been selected by NAHB to explain this important land use law development to a nationwide audience,” said Mr. Hollister.

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