The United States Supreme Court heard oral argument today in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al. (08-1151), a case in which they are reviewing THIS decision of the Florida Supreme Court. You can view the oral argument transcript here. The argument began:
Today we ask this Court to expressly recognize that a State court decision, unpredictable in terms of relevant precedents, which redefines century-old property rights to no longer exist, violates the Fifth Amendment of the United States Constitution.
The Florida Supreme Court suddenly and dramatically redefined property rights, converting oceanfront property into oceanview property to avoid the finding of a taking.
You can read articles at the following links: Washington Post; New York Times; CNN; and the Associated Press.
A prior post with all the briefs can be found here and is copied below [other posts can be found here and here].
Previously discussed here is the Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, et al. (08-1151) case pending before the Supreme Court. Yesterday, GrayRobinson, P.A. filed an amicus brief on behalf of the Coalition for Property Rights ("CPR"). The amicus brief can be found here.
According to Manny Papalas, GrayRobinson attorney and lead counsel for CPR in the case, “We are asking the Supreme Court to clarify that littoral rights can’t be taken and property boundaries modified by the government without notice, a judicial hearing, and payment of full and just compensation. If government is permitted to simply confiscate property from a small minority of citizens - those fortunate enough to own land on the ocean - then the property rights we all cherish can be taken, too.”
See here and here for a writeup from the Property Prof Blog, here for the discussion by UC Berkeley Lecturer in Residence Richard Frank at Legal Planet, and here for a writeup on the Volokh Conspiracy blog. Here, the Pacific Legal Foundation "applauds Supreme Court decision to take importantFlorida property rights case."
See here and below for the briefs from the SCOTUS WIKI page:
Opinion below (Supreme Court of Florida)Issue: Whether the state’s legislation to restore storm-eroded beaches along the ocean or lakeshores, modifying the private property boundary line, constitutes a judicial taking or violates the due process clause
Petition for certiorari
Brief in opposition for respondent Florida Department of Environmental Protection
Brief in opposition for respondents Walton County and City of Destin
Petitioner’s reply
Brief amicus curiae of Pacific Legal Foundation (in support of petitioner)
Merit briefs
Brief for Petitioner Stop the Beach Renourishment, Inc.
Brief for Respondent Florida Department of Environmental Protection and the Board of Trustees of the Internal Improvement Trust Fund
Brief for Respondent Walton County and City of Destin
Reply Brief for Petitioner Stop the Beach Renourishment, Inc
Amicus Briefs
Brief for the CATO Institute, NFIB Legal Center, and the Pacific Legal Foundation in Support of Petitioner
Brief for Oregonians in Action Legal Center in Support of Petitioner
Brief for Save Our Beaches and the Southeastern Legal Foundation in Support of Petitioner
Brief for the New England Legal Foundation in Support of Petitioner
Brief for Save Our Shoreline in Support of Petitioner
Brief for the Coalition for Property Rights, Inc., in Support of Petitioner
Brief for the Center for Constitutional Jurisprudence in Support of Petitioner
Brief for the National Association of Home Builders and the Florida Home Builders Association in Support of Petitioner
Brief for the Citizens for Constitutional Property Rights Legal Foundation, Inc. in Support of Petitioner
Brief for the American Civil Rights Union in Support of Petitioner
Brief for the New Jersey Land Title Association in Support of Petitioner
Brief for the Eagle Forum Education & Legal Defense Fund in Support of Petitioner
Motion for Leave To File Brief Amicus Curiae in Support of Petitioner and Brief Amicus Curiae of Owners’ Counsel of America
Brief for Brevard County, Florida in Support of Respondent
Brief for the Surfrider Foundation in Support of Respondent
Brief for the Coastal States Organization in Support of Respondent
Brief for the American Planning Association and the Florida Chapter of the American Planning Association in Support of Respondent
Brief for the Florida Shore and Beach Preservation Association, the Florida Association of Counties, and the Florida League of Cities in Support of Respondent
Brief for the States of California, Arkansas, Delaware, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Mississippi, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, Washington, West Virginia and Wyoming in Support of Respondent
Brief for the United States of America in Support of Respondent
Brief for the National Association of Counties, National League of Cities, U.S. Conference of Mayors, International City/County Management Association, and the International Municipal Lawyers Association in Support of Respondent
No comments:
Post a Comment