Opinion

Save Our Beaches, Inc. v. Florida Department of Environmental Protection

  • 27 So. 3d 48
  • 2006 WL 1112700
Court
District Court of Appeal of Florida
Filed
Jul 3, 2006
Status
Published
Author
Polston
On the bench
Polston, Kahn, Lewis
Cited by
3 cases

The opinion

POLSTON, J.

On Motions for Rehearing, Rehearing En Banc, and/or for Certification

Appellees’ motions for rehearing and rehearing en banc are denied. Appellees’ motions for certification are granted to the extent that we certify 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 Admin

*61

istrative 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?

KAHN, C.J. and LEWIS, J., CONCUR.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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