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In 2005, Mike and Chantell Sackett bought a small parcel in Priest Lake, Idaho, with the intent to build a three-bedroom family home. The Sacketts obtained all the necessary permits to build, and started laying gravel. But then they were blindsided by EPA, which came in and claimed the property is "wetlands" — and ordered them to return it to the agency's liking, on pain of fines now totaling millions of dollars.
The Sacketts hired an expert to evaluate the 2/3 of an acre, who concluded that it does not contain any wetlands. But EPA is not interested in what they have to say. The Sacketts essentialy have no choice but to do what EPA says, because there is no way for them to get a court to review their dispute under current law. Represented bythe non-profit Pacific Legal Foundation who offered to take their case, the Supreme Court has now agreed to hear the Sackett's case. The case will determine whether the lack of any avenue of judicial relief to EPA's draconian regime violates their due process rights under the Constitution.
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