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Stop the Beach Renourishment, Inc. v. Florida Dep't. of Envtl. Ptot., 08-1151 - FindLaw US Supreme Court Center

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Stop the Beach Renourishment, Inc. v. Florida Dep't. of Envtl. Ptot.
No. 08-1151

Title:

    Stop the Beach Renourishment, Inc. v. Florida Dep't. of Envtl. Ptot.

Subject:

    Judicial Taking, Littoral Rights

Question:

    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?

Decisions:

Resources:

Briefs:

    Coming Soon
Counsel of Record

For Petitioner:

D. Kent Safriet
Hopping Green & Sams, P.A.
Tallahassee, FL

For Respondent:

Scott D. Makar
Solicitor General
Office of the Attorney General
Tallahassee, FL

 


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