STOP THE BEACH REN. v. FLA. DEPT. OF ENV. PROT.

No. 08-1151.

130 S.Ct. 2592 (2010)

560 U.S. 702

STOP THE BEACH RENOURISHMENT, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION et al.

Supreme Court of United States.

Decided June 17, 2010.


Attorney(s) appearing for the Case

D. Kent Safriet, Tallahassee, FL, for petitioner.

Scott D. Makar, Tallahassee, FL, for respondents.

Edwin S. Kneedler, for United States as amicus curiae, by special leave of the Court, supporting the respondents.

D. Kent Safriet, Counsel of Record, Richard S. Brightman, Hopping Green & Sams, PA, Tallahassee, FL, for petitioner.

Hala Sandridge, Linda Shelley, Fowler White Boggs P.A., Tampa, FL, Thomas W. Merrill, Counsel of Record, Scott L. Shuchart, Yale Law School, Supreme Court Clinic, New Haven, CT, Kenneth J. Plante, Brewton Plante, P.A., Tallahassee, FL, for respondents Walton County and City of Destin.

Thomas M. Beason, General Counsel, Teresa L. Mussetto, Chief Appellate Counsel, Kara L. Gross, Senior Attorney, Florida Department of Environmental Protection, Tallahassee, FL, Bill McCollum, Attorney General, Scott D. Makar, Counsel of Record, Solicitor General, Timothy D. Osterhaus, Deputy Solicitor General, State of Florida, Office of the Attorney General, Tallahassee, FL, for Respondents, Florida Department of Environmental Protection & Board of Trustees of the Internal Improvement Trust Fund.


Justice SCALIA announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, IV, and V, and an opinion with respect to Parts II and III, in which THE CHIEF JUSTICE, Justice THOMAS, and Justice ALITO join.

We consider a claim that the decision of a State's court of last resort took property without just compensation in violation of the Takings Clause of the Fifth Amendment, as applied against the States through the Fourteenth,...

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