A Walk on the Supreme Court Beach?

January 15th, 2013

Who is Scalia referencing here in arguments in Koontz?

JUSTICE SCALIA: The — the — the permit was granted in Nollan and Dolan. And — and the condition attached to the permit, therefore, took effect; namely, that you had to dedicate this easement over your — over your beach whereas — as my colleague pointed out, anybody could walk back and forth barefooted. (Laughter.)

It’s killing me. I’m pretty sure it is Stevens. I checked his opinion in Lucas, Nollan, Dolan, and Tahoe-Sierra and I can’t seem to find it.

Maybe it’s Brennan from Lucas? Or Blackmun? Ah, driving me nuts.

Update: OK, Breyer said something about it earlier in the arguments, but I know some other Justice wrote about this:

JUSTICE BREYER: But of course, they are land claims because they took a piece of land which everybody assumes — right in front of his house — and said you’ve got to let everybody from the beaches walk back and forth from one beach in the north to another one in the south.