SC06-1447 – Walton County, Et Al. v. Stop The Beach Renourishment, Inc., Et Al.

State: Florida

Docket No: SC06-1447

Case Date: 01/10/2008

Preview:Supreme Court of Florida
____________ No. SC06-1447 ____________ WALTON COUNTY, et al., Petitioners, vs. STOP THE BEACH RENOURISHMENT, INC., et al., Respondents. ____________ No. SC06-1449 ____________ FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, etc., Petitioner, vs. STOP THE BEACH RENOURISHMENT, INC., et al., Respondents. [September 29, 2008] BELL, J. We have for review the First District Court of Appeal's decision in Save Our Beaches, Inc. v. Florida Department of Environmental Protection, 31 Fla. L.

Weekly D1173 (Fla. 1st DCA Apr. 28, 2006). In its decision, the First District certified the following question to be of great public importance: Has Part I of Chapter 161, Florida Statutes (2005), referred to as the Beach and Shore Preservation Act, been unconstitutionally applied so as to deprive the members of Stop the Beach Renourishment, Inc. of their riparian rights without just compensation for the property taken, so that the exception provided in Florida Administrative Code Rule 18-21.004(3), exempting satisfactory evidence of sufficient upland interest if the activities do not unreasonably infringe on riparian rights, does not apply? Id. We have both mandatory and discretionary jurisdiction. See art. V,

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