BUCHNER

v.

UNITED STATES

Citator

Cited By

• Trepanier v. Cnty. OF Volusia, 965 So. 2d 276 (Fla. 5th DCA 2007)
  …l areas of the coast necessarily were "similarly situated.” Id. at 724. It is also worth noting that Justice Scalia, joined by Justice O'Connor, in the dissenting opinion to the high court's denial of certiorari in Stevens v. City of Cannon Beach, 510 U.S. 1207, 114 S.Ct. 1332, 127 L.Ed.2d 679 (1994), pointed out that the Hay court "misread Blackstone ” in applying the law of custom to the entire coast of Oregon. Justice Scalia pointed out that a right by custom is confined to individuals of a particular d…
• Stop the Beach Renourishment, Inc. v. Fla. Dep't of Env't Prot., 560 U.S. 702 (U.S. 2010)
  …anch of government effecting the expropriation. Nor does common sense recommend such a principle. It would be absurd to allow a State to do by judicial decree what the Takings Clause forbids it to do by legislative fiat. See Stevens v. Cannon Beach, 510 U. S. 1207, 1211-1212 (1994) (Scalia, J., dissenting from denial of certiorari). Our precedents provide no support for the proposition that takings effected by the judicial branch are entitled to special treatment, and in fact suggest the contrary. PruneYard…