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· 12/7/1983

Eastern Connecticut Citizens Action Group v. Arthur B. Powers

Citations

  • 723 F.2d 1050
  • 1983 U.S. App. LEXIS 14698

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an administrative fee was unconstitutional where the government entity did not produce evidence that the fee charged was equal to the administrative costs of the regulation
  • “Licensing fees used to defray administrative expenses are permissible, but only to the extent necessary for that purpose.”
  • “state’s concern [regarding] damage claims from neighboring landowners ... may be addressed through existing civil and criminal sanctions for trespassing, vandalism, and so on”
  • $200 fee and insurance requirement were not narrowly tailored as applied to those “demonstrably unable to comply and whose speech is therefore chilled by state action”
  • permit fee violates First Amendment where government fails to prove that the fee charged is equal to the cost incurred in processing permit
  • permit fee violates First Amendment where government fails to prove that the fee charged is equal to the cost incurred in processing permit

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaufman, Van Graafeiland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.