Stop the Beach Renourishment v. Florida Department of Environmental Protection

Holding: Florida's beach restoration program deposits sand on eroded beaches, effectively creating new land at the water's edge. A state court held that the state owns the newly created strip of land at the water's edge, not the individuals who own the land abutting the new newly created beach area. The Supreme Court held that this ruling did not effectively take the landowners property without just compensation because it was consistent with pre-existing state property law.

Judgment: Affirmed, 8-0, in an opinion by Justice Antonin Scalia on June 17, 2010. Justice Kennedy wrote separately, concurring in part and in the judgment, joined by Justice Sotomayor; Justice Breyer concurred in part and in the judgment, joined by Justice Ginsburg. Justice Stevens took no part.

Briefs and Documents

Merits 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 aqnd 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

Certiorari-stage documents

• Opinion below (Supreme Court of Florida) -
• Petition for certiorari
• Brief in opposition for respondents Walton County and City of Destin
• Amicus brief of the Pacific Legal Foundation
• Petitioner's reply