Posts Tagged ‘Florida’

Supreme Court To Decide Who Owns The Beach

Today, the Supreme Court of the Unitied States will hear oral arguments in Stop the Beach Renourishment, Inc. v. Florida Department of Environmental Protection, the Board of Trustees of the Internal Improvement Trust Fund, Walton County and City of Destin, Docket 08-1151.  The case will decide whether beach restoration constitutes an illegal taking of private property.  

At the heart of the case is the restoration of 6.9 miles of beach in Destin, Walton County, Florida that resulted in 75 feet public beach in front of the 5 beach-front property owners that make up Stop the Beach Renourishment, Inc.  The renews the debate of public vs. private beaches.  The complaining property owners claim Florida used the excuse of beach renourishment to illegally take land for the creation of public beach without just compensation.

You can review the brief of Stop the Beach Renourishment, Inc. here and Florida’s response brief here.  You can find all merit and amicus briefs here.

Twenty-six states joined together to file an amicus brief in favor of Florida.  The case has also attracted amicus briefs from the United States and a number of municipal and nonprofit organizations.

A decision is expected before the end of June, 2010.


Judge Rules Against Georgia in Tri-State Water Wars

U.S. District Judge Paul Magnuson issued his long-awaited decision in the 18-year Georgia-Alabama-Florida water war ruling that Georgia can no longer withdraw water from Lake Lanier.  The decision finds that Georgia’s current withdrawal of water for Atlanta’s water resource violates the intended purpose of Lake Lanier – hydropower and flood control.  The ruling invalidates a 2003 settlement agreement that allocated 25% of Lake Lanier for Atlanta’s drinking water.   Judge Magnuson allows the three states three years to reach an agreement or congressional action.   Hereis a pdf of the Judge’s ruling.

Creative Loafing outlines local and regional reaction

Georgia’s entire congressional delegation will meet Tuesday.