Supreme Court of the United States
Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection
June 17, 2010177 L. Ed. 2d 184
Summary
The Court affirmed the Florida Supreme Court's decision, holding that no taking occurred because the beach restoration project fit within Florida's avulsion doctrine, leaving littoral owners without a vested right to future accretions. The Court also addressed whether the Takings Clause applies to judicial decisions, noting that a judicial taking is possible but finding none here. Justice Kennedy concurred in part and judgment, expressing concern about creating a judicial takings doctrine.