ALBIN C. THOMPSON, JR., AND HAIDEE K. THOMPSON, APPELLANTS (PLAINTIFFS),
v.
NASSAU COUNTY, FLORIDA, A GOVERNMENTAL AGENCY, APPELLEE (DEFENDANT)
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The dissenting judge argued that probable cause existed to arrest the defendant based on the discovery of a cooker spoon with a white substance resembling heroin in the car where the defendant was a passenger.
The dissenting judge would have affirmed the arrest and subsequent search, stating that the evidence supported the legality of the arrest based on probable cause.
[1] A landowner may state a cause of action for a taking of private property for a public use under Article X, Section 6 of the Florida Constitution when allegations demonstr…
[2] Allegations of a public improvement causing permanent flooding and rendering residential property useless are sufficient to demonstrate a taking under the Florida Constit…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceA cooker spoon containing a white substance appearing to be heroin was found in the automobile in which the defendant was a passenger. The dissenting …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Constitutional Taking cases and more on FLexlaw
MILLS, Judge.
The Thompsons appeal from an order dismissing their amended complaint with prejudice.
The amended complaint alleges that the action is brought under the authority of Article X, Section 6 of the Florida Constitution, and other applicable laws, for a mandatory injunction to require the defendant to exercise its power of eminent domain as a means of making restitution to the plaintiffs for the taking of plaintiffs’ property for a public purpose; that the plaintiffs are and were the owners of certain land adjacent to North Fletcher Avenue; that beginning in 1974 the defendant resurfaced North Fletcher Avenue and increased its elevation by a height in excess of 14 inches; that the elevation of North Fletcher Avenue has rendered a substantial portion of the plaintiffs’ property useless for residential purposes and has caused and will always cause great amounts of water from' rainstorms to flow upon plaintiffs’ property and into the buildings thereon; and that the overflow of water upon plaintiffs’ property constitutes an actual permanent invasion of plaintiffs’ property. The County moved to dismiss the amended complaint for failure to state a cause of action and the court ordered the cause “dismissed with prejudice as to any action under Article V, Section 6 of the 1968 Florida Constitution”.
The trial court erred. The allegations of the amended complaint are sufficient to demonstrate a taking of private property for a public use under Article X, Section 6 of the Florida Constitution. In Elliott v. Hernando County, 281 So. 2d 395 (Fla. 2nd DCA 1973), the court held allegations similar to those in the amended complaint before us stated a cause of action. Although the County contends that Poe v. State Road Department, 127 So. 2d 898 (Fla. 1st DCA 1961) supports the dismissal of the amended complaint, it does not. In Poe the flooding was characterized as temporary; here it is alleged to be permanent.
The order appealed is reversed and this case is remanded to the trial court for further áction.
BOYER, C. J., and ERVIN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- POE v. State Rd. Dep't of Fla., 127 So. 2d 898 (Fla. 1st DCA 1961)
- Elliott v. Hernando Cnty. & Auto-Owners Ins. Co., 281 So. 2d 395 (Fla. 2d DCA 1973)