Law Commons^™

How Scary Is "Stop The Beach Renourishment"?, Roger Bernhardt

Publications

This article reviews Stop the Beach Renourishment, Inc. v. Florida Dep’t of Envt’l Protection where four Justices announced a judicial decision could, under the right circumstances, by itself constitute a taking of a litigant’s property, and applies that rule to existing California Supreme Court cases on 1) the implied warranty of habitability, 2) running covenants, 3) common enemy surface water, 4) public beach access, and 5) deeds of trust and the one-action rule.