Tuesday, June 25, 2013

Supreme Court Reverses Florida Supreme Court in Takings Case

In Koontz v. St. Johns River Water Management District, the United States Supreme Court revered THIS Florida Supreme Court decision. In conclusion, the Supreme Court stated:

We hold that the government’s demand for property from a land-use permit applicant must satisfy the requirements of Nollan and Dolan even when the government denies the permit and even when its demand is for money. The Court expresses no view on the merits of petitioner’s claim that respondent’s actions here failed to comply with the principles set forth in this opinion and those two cases. The Florida Supreme Court’s judgment is reversed, and this case is remanded for further proceedings not inconsistent with this opinion.

From the opinion, "ALITO, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SCALIA, KENNEDY, and THOMAS, JJ., joined. KAGAN, J., filed a dissenting opinion, in which GINSBURG, BREYER, and SOTOMAYOR, JJ., joined."

A complete listing of the opinions below, briefs, and timeline is available from the SCOTUSblog.


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