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STOP THE BEACH RENOURISHMENT v. FL DEPT OF ENVTL. PROTECTION

Docket No.: 08-1151
Certiorari Granted: Jun 15 2009
Argued: December 2, 2009
Decided: June 17, 2010

Topics:

Administrative Procedure, Article I, Due Process, EPA, Fifth Amendment, Fourteenth Amendment, Fourth Amendment, Takings Clause, equitable relief, ineffective assistance of counsel, property rights, res judicata

PartyNames: Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al.
Petitioner: Stop the Beach Renourishment, Inc.
Respondent: Florida Department of Environmental Protection, et al.

Court Below: Supreme Court of Florida
Citation: 998 So. 2d 1102

Stop the Beach Renourishment, Inc.
v.
Florida Department of Environmental Protection, et al.
Question Presented:

The Florida Supreme Court invoked "nonexistent rules of state substantive law" to reverse 100 years of uniform holdings that littoral rights are constitutionally protected. In doing so, did the Florida Court's decision cause a ''judicial taking" proscribed by the Fifth and Fourteenth Amendments to the United States Constitution? Is the Florida Supreme Court's approval of a legislative scheme that eliminates constitutional littoral rights and replaces them with statutory rights a violation of the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution? Is the Florida Supreme Court's approval of a legislative scheme that allows an executive agency to unilaterally modify a private landowner's property boundary without a judicial hearing or the payment of just compensation a violation of the due process clauses of the Fifth and Fourteenth Amendments to the United States Constitution?

Question:

By reversing longstanding holdings that littoral (i.e., on or near the shore) rights are constitutionally protected, did the Florida Supreme Court cause a "judicial taking" proscribed by the Fifth and Fourteenth Amendments?

STOP THE BEACH RENOURISHMENT v. FL DEPT OF ENVTL. PROTECTION
ORAL ARGUMENT

December 2, 2009

Holding: affirmed
Vote: 8-0
Recused: Stevens
Opinion By: Justice Antonin Scalia
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