| Stop the Beach Renourishment, Inc. v. Fla. Dep't of Envtl. Protection | ||||||
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Supreme Court of the United States |
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| Argued Dec. 2, 2009 Decided June 17, 2010 |
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| Full case name | Stop the Beach Renourishment, Inc. v. Fla. Dep't of Envtl. Protection | |||||
| Docket nos. | 08-1151 | |||||
| Citations | ___ U.S. ___ (more) 130 S. Ct. 2592, 70 ERC 1505, 177 L. Ed. 2d 184, 78 USLW 4578, 10 Cal. Daily Op. Serv. 7553, 2010 Daily Journal D.A.R. 9081, 22 Fla. L. Weekly Fed. S 484 |
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| Prior history | 27 So. 3d 48 (Fla. App. 2006), review granted, 937 So. 2d 1099 (Fla. 2006), and review granted, 937 So. 2d 1100 (Fla. 2006), quashed, 998 So. 2d 1102 (Fla. 2008), cert. granted, 129 S. Ct. 2792 (2009) | |||||
| Holding | ||||||
| Florida Supreme Court did not effect an unconstitutional taking of littoral property owners' rights to future accretions and to contact the water by upholding Florida's beach renourishment program | ||||||
| Court membership | ||||||
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| Case opinions | ||||||
| Majority | Scalia (Parts I, IV, and V joined by all; Parts II and III joined by Roberts, Thomas, and Alito) | |||||
| Concurrence | Kennedy, joined by Sotomayor | |||||
| Concurrence | Breyer, joined by Ginsburg | |||||
| Stevens took no part in the consideration or decision of the case. | ||||||
| Laws applied | ||||||
| Takings Clause | ||||||
Stop the Beach Renourishment, Inc. v. Fla. Dep't of Envtl. Protection, 130 S. Ct. 2592 (2010), was a case heard before the United States Supreme Court on December 2, 2009 on whether Florida's Supreme Court violated the U.S. Constitution's regulatory takings clause when it upheld a plan to create a state-owned public beach between private waterfront property and the Gulf of Mexico through its beach nourishment program.[1]