Do judges “make” law, and do courts “take” property when they
change it? These questions, and others, are now before the U.S. Supreme Court in a Florida case to be argued in December.
In Stop the Beach Renourishment, Inc. v. Florida Dep’t of Environmental Protection, the Court is considering whether state supreme courts may suddenly and radically alter long-established property law, or whether the U.S. Constitution insulates property owners from these changes.
Continuing the firm’s long tradition of Supreme Court advocacy started by Charlie Bocken and Diane Hastert when they overturned one hundred years of precedent in Kaiser Aetna v. United States, 444 U.S. 164 (1979) – the case keeping Hawaii Kai Marina private – Damon Key attorneys Robert Thomas, Mark Murakami and Tred Eyerly recently filed a friend-ofthe-court brief in the Beach Renourishment case.
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