The Supreme Court issued its opinion this morning in Stop the Beach Renourishment v. Florida Department of Environmental Protection. The Court decided eight to zero that the Florida Supreme Court did not effect a judicial taking because the Florida law of accretion took into account that the littoral owners right to accretion was always subject to the State's ability to fill land adjacent to the sea. The Court split off into three different opinions.
See Robert Thomas' posts at www.inversecondemnation.com for his initial read of the various opinions. The opinions can be downloaded here.
Four of the justices said that although there was no judicial taking here, it was "absurd" to think that a state judiciary cannot take property. Notably, the four justices then tracked the logic and analysis of the amicus brief filed by the three bloggers in our office on behalf of the Owners' Counsel of America. A prior post on our amicus brief is here.