Friday, October 16, 2009
A host of new amicus briefs in the Stop the Beach case are now available online. Of particular note is the U.S. Solicitor General's brief in support of respondents. It is, unsurprisingly, very strong. One thing that emerges from this and other opposition briefs is that this case may not be a good vehicle for considering the judicial takings issue. So one very real possibility is that Stop the Beach will turn into another Agins or San Diego Gas & Electric. In those cases, cert was granted to resolve a specific issue (the availability of the inverse condemnation remedy), but various problems with the record led the court to leave that issue to another day.
[Comments are held for approval, so there will be some delay in posting]