Appeals Court Reverses Dismissal of Class Action Suit Against Humboldt County
A recent decision in the Ninth Circuit U.S. Court of Appeals allows a group of Southern Humboldt property owners to proceed with a class action lawsuit against Humboldt County’s Planning and Building Department. The lawsuit challenges the legality of fees and penalties under the county’s cannabis code enforcement system.
The nonprofit Institute for Justice filed the case on behalf of Miranda property owners Corrine and Doug Thomas, who were later joined by three others. They claim that the county violated their due process rights by imposing excessive fines and fees for weed-related violations from previous property owners.
The appeals court’s decision overturned part of the district court’s ruling, sending the case back for further proceedings. The court found that the county’s penalties caused emotional distress and financial burdens for the plaintiffs, who had to hire engineers and lawyers to address the violations.
The appeals court also disagreed with the district court’s ruling on the statute of limitations, stating that it should start when the plaintiffs received violation notices, not when the relevant ordinance was enacted. The court found the fines excessive based on factors such as violations predating property ownership, inaccuracies in charges, and lack of harm beyond regulatory non-compliance.
In conclusion, Judge Richard A. Paez emphasized the importance of government limits in imposing fines on citizens. The case will now go back to the district court for further proceedings in line with the appeals court’s decision.
Humboldt County declined to comment on the ruling, citing the ongoing legal process. The Institute for Justice celebrated the decision on its website, calling it a victory for property rights and a step toward dismantling the county’s enforcement regime. The lawsuit aims to challenge Humboldt County’s fines as excessive and unconstitutional under the Eighth Amendment while addressing due process concerns for property owners.
