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Property Keyed to Merrill
Stop the Beach Renourishment, Inc. v. Florida Department of Environmental
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The City of Destin and Walton County in the State of Florida applied tothe Department of Environmental Protection (“Defendant”) for permits to the state’s Beach and Shore Restoration Act (“the Act”) for the placement of large deposits of sand and sediment, along 6.9 miles of submerged beach. Per the statute, the abrupt and grand addition of sand and sediment, known as avulsion, removed littoral owners’ property rights to accretions, or gradual additions of sand that accumulated over time. The Stop the Beach Renourishment, Inc., (SBR), a non-profit group of littoral owners, unsuccessfully challenged the legality of the statute at an administrative hearing. However, the SBR later challenged the beach restoration project in the state court of appeals. The appellate court held in favor of SBR on the grounds that the project constituted an unconstitutional taking of littoral owners’ property rights, thus violating the Fifth Amendment. Further, the appellate court certified the issue for review by the Florida Supreme Court. Thereafter, the Florida Supreme Court reversed the appellate court on the grounds that the Act did not unconstitutionally deprive littoral owners of any property rights. Subsequently, SBR petitioned to the United States Supreme Court on the grounds that the Florida Supreme Court’s decision, by itself, constituted a “judicial taking” oftheir property rights.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.