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SubjectCSA Heads to the State Supreme Court

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Monday, 26 October 2015



PLF Attorneys ask Washington Supreme Court to Protect
Property Owners from San Juan County Land Grab
Dear Friends and Neighbors of Common Sense Alliance,
We have some bad news and some good news.  First, the bad news (which really isn’t so bad):  The Washington State Court of Appeals upheld the San Juan County Critical Areas Ordinance (“CAO”), which CSA had appealed for review by the Court of Appeals last April, following a similar ruling rendered by the San Juan County Superior Court in March 2014.  Both courts failed to deal with the constitutional issues of nexus and proportionality raised by the implementation of regulations resulting from the CAO becoming law.  [See links below to PLF’s blogs where Brian Hodges succinctly describes the constitutional issues of this case]
Common Sense Alliance has been advised by counsel from the beginning, that it was more than likely that County and State lower courts would be unwilling to address the fundamental issues of constitutional law with respect to CSA's appeals of the CAO.  For seven years, we have been certain of and preparing for inevitable appearances at the highest levels of the state and even the U.S court system. Now, it’s show time!
Here’s the good news:  The Pacific Legal Foundation (PLF) represented by Brian Hodges – PLF property rights attorney, has agreed to take the CSA case forward to the Washington State Supreme Court.  You may recall that the PLF (Brian Hodges) has been at our side filing amicus briefs at each of CSA’s appearances before the San Juan County Superior Court as well as the Washington State Court of Appeals.  Brian is experienced and has led the PLF, successfully, in arguing and winning property rights decisions all the way to the U.S. Supreme Court.
More good news:  The PLF is taking the CSA case pro bono!  CSA’s only obligation (along with whatever internal technical and background support is necessary to help Brian) will be to pay a few hundred dollars in court fees.
Please recognize that the Pacific Legal Foundation is a non-profit organization, which depends entirely upon obtaining contributions from citizens and organizations all over the United States who believe in PLF’s ardent defense of the Constitution.
If you wish to help the CSA cause as well as contribute to the mission of the PLF, please feel free to donate to the Pacific Legal Foundation.  You might also mention that your donation is on behalf of their representation of the Common Sense Alliance effort. Their address is as follows:
Pacific Legal Foundation
Attn: Jim Katzinski
10940 NE 33rd Place
Suite 210
Bellevue, WA 98004
We would not have had this opportunity to make a difference for San Juan County as well as all Washington State property owners without your steadfast support.
Thank you, once again!
Common Sense Alliance
PLF Blogs ~
  1.  PLF attorneys ask Washington Supreme Court to protect property owners from San Juan County land grab
  2.  Made a deal with the devil?  Deal with it.
See the CSA website where recent court pleadings will be posted soon
Common Sense Alliance
P.O. 1249 Friday Harbor, 98250

Common Sense Alliance (CSA) is a 501 (c) 3 non-profit organization based in San Juan County.  CSA depends upon individual donors to support its efforts in your behalf.  Funds provided by you are used to retain outside legal counsel, subject matter experts and to pay other expenses necessary to fund these activities.

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