5 ms·

You make a compelling case that Khosla is in the right here. If that is the case then why do you think he has been failing in court to date?

• rayiner 9y ago
  I don't know the extensive history of the case, but from what I surmise it's because the lower court punted on the Constitutional question. The Supreme Court case law we have says that takings may happen when, e.g. denial of a permit prevents you from doing any development on your land. Here, the state is demanding that he apply for a permit to change the level of "access" at the beach. The lower court had said that the takings question was unripe for review because he hadn't applied for and been denied the permit. Khosla refuses to get a permit, and argues that requiring a property owner to get a permit just to change the use of the property is itself a taking.
  • harryh 9y ago
    If he doesn't get cert based on the current petition, will he have the option of applying for the permit, having it (presumably) be denied, and then trying again?
    • rayiner 9y ago
      Yes, the permit denial would precipitate a new opportunity for appeal, and seeking cert from that.