· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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