U.S. Supreme Court,
Constitutional Law
Mar. 25, 2021
Justices wrestle with line drawing in big property rights case
The Supreme Court heard arguments on Monday in a case that will decide whether allowing union organizers to enter an employer’s private property constitutes a taking.
Bryan W. Wenter
Shareholder
Miller Starr Regalia
Email: bryan.wenter@msrlegal.com
Bryan is a member of the firm's Land Use Department. His practice centers on land use and local government law, with a particular focus on obtaining and defending land use entitlements for a wide range of development projects, including in-fill, mixed-use, residential, retail/commercial, and industrial.
At 5:00 a.m. in the summer of 2015, during the height of California's strawberry harvesting season, union activists entered Cedar Point Nursery's property under the authority granted by a California regulation that allows union organizers to enter the property of agriculture businesses for three hours at a time, 120 days per year, to recruit potential new members. The organizers entered the trim sheds with bullhorns in hand, distracting and intimidating hundreds of Ce...
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