The Vermont Law Review has published an article authored by Damon Key bloggers, Robert Thomas, Mark Murakami and me on the Supreme Court's "judicial takings" case from last term. See Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010).
Our article discusses the U.S. Supreme Court's recent decision in Stop the Beach Renourishment, Inc. v. Florida Dep't of Environmental Protection, No. 08-11 (June 17, 2010). The Supreme Court discussed whether Florida's renourishment of beaches and creation of a new erosion control line replacing the mean high water line was a "judicial taking." Although the court found there was no judicial taking in this case, our article notes the court did not discredit the viability of the doctrine.
Robert, Mark and I also co-authored an amicus brief supporting the property owners in the case.
Robert's post this morning has a detailed review of our article.
