Lambert v. City and County of San Francisco — Scalia, J., dissenting

Summary

Justice Scalia dissents from the denial of certiorari, arguing the Court of Appeal erred in rejecting a takings claim under Nollan and Dolan because the record suggests the permit denial was influenced by the petitioners' refusal to pay a demanded replacement fee. He would grant certiorari to address whether an extortionate fee condition justifies permit denial without complying with constitutional nexus and proportionality requirements. He is joined by Justices Kennedy and Thomas.