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Full-Text Articles in Law
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson
Exacting Public Beach Access: The Viability Of Permit Conditions And Florida's State Beach Access Laws After Dolan V. City Of Tigard, Shawn M. Willson
Florida State University Journal of Land Use and Environmental Law
In the aftermath of Nollan v. California Coastal Commission and Dolan v. City of Tigard, local governments may find it more difficult to utilize permit conditions as a tool for preserving beach access. This Comment explores the viability of Florida's beach access laws after these decisions, examining the potential effects on permitting for construction at the local level. As an introduction, the Comment reviews Florida's current beach access statutes and discusses the Nollan and Dolan cases. The Comment then analyzes the true meaning of the "rough proportionality" requirement of Dolan, entertaining views from subsequent case law and commentators. Additionally, the …
Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus
Litigating Suitum V. Tahoe Regional Planning Agency In The United States Supreme Court, Richard J. Lazarus
Florida State University Journal of Land Use and Environmental Law
On May 27, 1997, the United States Supreme Court decided Suitum v. Tahoe Regional Planning Agency, a case addressing ripeness issues as they pertain to regulatory takings and transferable developmental rights (TDRs). As record counsel for the Tahoe Regional Planning Agency in the Suitum, Professor Lazarus considers the strategic litigation choices made by both parties and their impact on the Suitum litigation. By way of introduction, this essay recounts the Suitum facts from two different perspectives, that of petitioner and respondent. Then the essay explores the ways that the parties chose to litigate their respective sides, expounding upon the issues …
The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman
The Finality Ripeness In Federal Land Use Cases From Hamilton Bank To Lucas, R. Jeffrey Lyman
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks
Justice Scalia And The Demise Of Environmental Law Standing, Patti A. Meeks
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Case Note: Constitutional Questions In Environmental Regulation: Epa's Use Of Aerial Photography Does Not Constitute A Fourth Amendment Search, Mark Massey
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Overcoming Williamson County's Troubling State Procedures Rule: How The England Reservation, Issue Preclusion Exceptions, And The Inadequacy Exception Open The Federal Courthouse Door To Ripe Takings Claims, J. David Breemer
Florida State University Journal of Land Use and Environmental Law
This article discusses an avenue available to takings claimants so that they may open the nearly closed door of the federal courts. In Williamson County, the United States Supreme Court established two ripeness prongs that create powerful barriers to landowners seeking to have their takings claims heard on the merits in federal court. Through an in depth analysis of the facts and litigation of this case and others, the author assesses the foundation of the state procedures requirements and concludes it is not required by the Takings Clause. The article scrutinizes the rule's fundamental unfairness and error in its application. …
City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson
City Of Boerne V. Flores And The Religious Freedom Restoration Act: The Delicate Balance Between Religious Freedom And Historic Preservation, Elizabeth C. Williamson
Florida State University Journal of Land Use and Environmental Law
This Article analyzes the clash between historic preservation and religious freedom in the context of the United States Supreme Court's decision in City of Boerne v. Flores. (117 S. Ct. 2157 (1997). In Flores, the Court ruled on the constitutionality of the Religious Freedom Restoration Act (RFRA), an act which affords additional protection to religious practices by subjecting neutral, non-religion based government laws such as preservation ordinances to judicial scrutiny. Using the backdrop of the Flores decision, the Article analyzes the constitutionality and policy behind RFRA and examines RFRA's effect on preservation. The Article includes a history of both the …
Property And Mysticism: The Legality Of Exactions As A Condition For Public Development Approval In The Time Of The Rehnquist Court, James A. Kushner
Property And Mysticism: The Legality Of Exactions As A Condition For Public Development Approval In The Time Of The Rehnquist Court, James A. Kushner
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Loving Retroactivity, Charles W. "Rocky" Rhodes
Loving Retroactivity, Charles W. "Rocky" Rhodes
Florida State University Law Review
Pending actions across the nation highlight the ongoing struggle between adjudicative retroactivity and marital equality. The Supreme Court's constitutional decisions overruling prior precedents or applying new legal rules to the parties retroactively govern all pending and future adjudicative proceedings on direct review, even if the underlying operative events occurred under a prior legal framework. But this understanding of the temporal boundaries of legal change is being challenged after the Supreme Court's holding in Obergefell v. Hodges that laws excluding same-sex couples from civil marriage on the same terms and conditions as opposite-sex couples are invalid. The retroactive application of Obergefell …