Supreme Court of the United States

Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection — Kennedy, J., Concurring

June 17, 2010177 L. Ed. 2d 184

Summary

Justice Kennedy concurs in part and in the judgment, agreeing with the majority’s resolution of the land‑ownership dispute. He uses the opportunity to caution against extending the Takings Clause to judicial decisions that alter established property rights, arguing that such questions are better addressed under the Due Process Clause and that the Court should not create a sweeping judicial takings doctrine.