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Dissenting Fifth Circuit judge accuses Pacific Legal Foundation of tilting at windmills in a "thinly veiled Libertarian crusade" aimed at overturning state laws that arguably infringe on private property rights

Dissenting Fifth Circuit judge accuses Pacific Legal Foundation of tilting at windmills in a "thinly veiled Libertarian crusade" aimed at overturning state laws that arguably infringe on private property rights: From the start of his dissenting opinion issued yesterday (at page 22 of the PDF file), it appears that Circuit Judge Jacques L. Wiener, Jr. takes a dim view of the litigation strategy that the Pacific Legal Foundation is employing in challenging a Texas law known as the Open Beaches Act.

But the PLF appears to have the last laugh at this juncture, as the majority -- in an opinion by Chief Judge Edith H. Jones -- has reinstated one key aspect of the PLF-sponsored lawsuit in order to certify a question to the Supreme Court of Texas.

Back in September 2008, The Associated Press had a related report headlined "Texas may seize beach homes due to Hurricane Ike erosion." And earlier this month, The Facts newspaper of Clute, Texas published an article headlined "Briefs due by April 10 in beachfront battle."

Update: At the not-so-thinly veiled Libertarian crusade known as "The Volokh Conspiracy," law professor Eugene Volokh offers his reaction. And at the blog "PLF on Eminent Domain," you can access a post titled "Pacific Legal Foundation Responds to Fifth Circuit Judge's Critique of PLF's Property Rights 'Crusade.'"

Full post as published by How Appealing on April 24, 2009 (boomark / email).