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

> District Court of Appeal of Florida · July 3, 2006 · 27 So. 3d 48

URL: https://www.frixlaw.com/law-library/cases/9662617

## Case

- **Full name:** SAVE OUR BEACHES, INC. and Stop the Beach Renourishment, Inc., Appellants, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, the Board of Trustees of the Internal Improvement Trust Fund, City of Destin, and Walton County, Appellees
- **Court:** District Court of Appeal of Florida
- **Decided:** July 3, 2006
- **Citations:** 27 So. 3d 48; 2006 WL 1112700
- **Precedential status:** Published
- **Opinion:** On rehearing by Polston
- **Judges:** Polston, Kahn, Lewis
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9662617

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9662617. Public record. Not legal advice.