Joined my @IJ colleague Jared McClain in San Francisco this morning for oral argument before the Ninth Circuit (screenshot of the argument below). We’re representing a group of property owners in Humboldt County, CA, who are facing massive fines imposed because other people allegedly grew marijuana on their property before they even bought it. Our clients Corrine and Doug Thomas, for instance, bought their dream home in the Humboldt County redwoods in 2021 after they lost their home in Los Angeles to wildfires. Six days after moving in, they got a notice from the County that they were subject to daily fines of $12,000 because the prior owners used an unpermitted structure to grow cannabis. The only way to stop the fines accruing would be to obtain a permit for the structure, but the County refuses to issue permits to properties accused of growing cannabis. Fines accrue for 90 days, leaving the Thomases owing over $1 million. The trial court dismissed the case because it sounds too crazy to be true. In the trial court’s view, the government just wouldn’t do something like that — so, rather than let the case proceed, he kicked us out of court at the very outset. Of course, that’s not how litigation is supposed to work. The sad truth is, sometimes the government does do crazy things (and this is one of those times). Courts can’t throw out constitutional cases just because they assume government is above reproach. That’s basic stuff. So, we appealed. Argument today went well — with the judges asking all the right questions.