Friday, September 18, 2009

Surfrider Foundation Amicus Brief for Beach Access

The City of Destin and Walton County, Florida, filed an application for a beach restoration project under this law. This application was challenged by two property owner groups (Save Our Beaches, Inc. and Stop the Beach Renourishment, Inc.) who argued that the beach erosion control law effects a taking of property without compensation. The property owners prevailed in their challenge before the Court of Appeal and the Florida Supreme Court granted review. In late 2008, the Florida Supreme Court overturned the decision and ruled against the property owners. The owners appealed to the U.S. Surpeme Court, and PLF supported the petitioner as amicus curiae in the High Court.


Questions presented to the US Supreme Court:
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?

The Emerald Coast Chapter and SF HQ are in the process of filing a Legal Brief with the US Supreme Court....more to come shortly...

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