Inverse Condemnation

805 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Dep't of Agric. & Consumer Servs. v. Patchen
  25 So. 3d 1283· Fla. 3d DCA· 2010-01-27 ·cited 3×
  The Florida Department of Agriculture and Consumer Services' appeal of a stay order in an inverse condemnation action for citrus canker tree destruction was treated as a petition for certiorari and denied.
• New Testament Baptist Church Inc. of Miami v. State
  993 So. 2d 112· Fla. 4th DCA· 2008-10-22 ·cited 3×
  New Testament Baptist Church appeals the grant of summary judgment dismissing its inverse condemnation counterclaim based on the statute of limitations. The court affirmed, holding that a church's challenge to a plat dedication condition imposed fourteen years earlier is barred b
• Jimmy T. and Nancy A. Bauknight v. Monroe Cnty.
  994 So. 2d 362· Fla. 3d DCA· 2008-09-17 ·cited 3×
  Property owners appealed a summary judgment dismissing their temporary inverse condemnation claims after Monroe County delayed issuing building permits for six years due to inadequate highway level of service. The court affirmed, holding that the owners' failure to apply for reli
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• Action Outdoor Advertising JV, L.L.C. v. Town of Shalimar
  377 F. Supp. 2d 1178· N.D. Fla.· 2005-03-29 ·cited 3×
  The court held that the plaintiff lacked standing to challenge certain provisions of the sign ordinance due to failure to demonstrate injury-in-fact, but granted standing for commercial speech claims related to billboard bans.
• VLX Props., Inc. v. S. States Utils., Inc.
  792 So. 2d 504· Fla. 5th DCA· 2001-05-21 ·cited 3×
  VLX Properties sought inverse condemnation compensation after reclaimed water flowed across a portion of James Pond that it later acquired. The court receded from its prior decision in VLX1, finding that the original panel had misinterpreted the joinder agreement executed by the
• Wanda and Eric Teat v. City OF Apalachicola
  738 So. 2d 413· Fla. 1st DCA· 1999-06-30 ·cited 3×
  The court held that property bounded by the shore of a navigable waterway extends to the ordinary high water mark, granting riparian rights. Therefore, the trial court erred in finding the appellants did not possess such rights.
• Nerbonne, N.V. v. Fla. Power Corp.
  692 So. 2d 928· Fla. 5th DCA· 1997-03-27 ·cited 3×
  Nerbonne challenged Orange County's grant of a permit to Florida Power Corporation to construct a power line over an easement granted to the County in 1952 for "public road purposes," arguing the power line exceeded the scope of the easement and constituted a taking of property.
• Bensch v. Metro. Dade Cnty.
  952 F. Supp. 790· S.D. Fla.· 1996-12-16 ·cited 3×
  The court held that the inverse condemnation claim (Count II) was not ripe because plaintiffs failed to exhaust state remedies, and the trespass claim (Count III) was barred by the Eleventh Amendment. The court denied the motion to drop parties, but encouraged future motions to a
• LeCroy v. McCollam (In re McCollam)
  S.D. Fla.· 1990-07-31 ·cited 3×
• Deltona Corp. v. Alexander
  504 F. Supp. 1280· M.D. Fla.· 1981-01-14 ·cited 3×
  The court held that the Army Corps of Engineers' denial of dredge and fill permits was not arbitrary, capricious, or otherwise unlawful, and that the plaintiff was not denied due process or subject to an unlawful taking.
• Maddan v. Okaloosa Cnty.
  358 So. 3d 834· Fla. 1st DCA· 2023-03-29 ·cited 2×
  The appellate court affirmed a trial court's summary judgment, finding that the property owners' claims for damages and injunctive relief due to flooding caused by the county's stormwater system were barred by the statute of limitations. The court determined the injury was perman
• Ganson v. City OF Marathon
  222 So. 3d 17· Fla. 3d DCA· 2016-09-14 ·cited 2×
• Forehand v. Walton Cnty.
  172 So. 3d 517· Fla. 1st DCA· 2015-08-07 ·cited 2×
  Petitioners sought to disqualify a trial judge based on alleged bias stemming from adverse rulings and the judge's reference to personal knowledge of storm damage in a neighboring county. The court denied the disqualification petition, holding that a judge's general awareness of
• Pembroke Ctr., LLC v. State
  64 So. 3d 737· Fla. 4th DCA· 2011-06-29 ·cited 2×
  A property owner's claim for declaratory relief concerning governmental actions affecting an easement is ripe when an actual present controversy exists regarding the property owner's rights, even if the government's project has been delayed; dismissal of an inverse condemnation c
• Hillcrest Prop., LLP v. Pasco Cnty.
  731 F. Supp. 2d 1288· M.D. Fla.· 2010-07-30 ·cited 2×
  A commercial property owner challenged Pasco County's requirement that it dedicate 140 feet of right-of-way for future widening of State Route 52 as a condition of development approval, asserting claims under 42 U.S.C. § 1983 for regulatory takings, temporary takings, and equal p
• Jeanine I. McCOLE v. City OF Marathon & The State of Fla.
  36 So. 3d 750· Fla. 3d DCA· 2010-04-21 ·cited 2×
  This case addresses when the statute of limitations begins to run for inverse condemnation claims involving regulatory takings of property. The McColes purchased a platted residential lot in Monroe County that became subject to wetland protection regulations, preventing them from
• Sutton v. Monroe Cnty.
  34 So. 3d 22· Fla. 3d DCA· 2009-12-23 ·cited 2×
  The court held that a regulatory taking claim is barred by the four-year statute of limitations when the claim ripens upon denial of a building permit and subsequent administrative appeal, not upon a later Beneficial Use Determination.
• Cont'l Cas. Co. v. City of Jacksonville
  654 F. Supp. 2d 1338· M.D. Fla.· 2009-08-07 ·cited 2×
  The court held that the pollution exclusion in the insurance policy applies, barring coverage for claims arising out of pollution, even if the insured did not cause the pollution.
• Crowley Museum & Nature Ctr., Inc. v. Sw. Fla. Water Mgmt. Dist. & Sw. Fla. Water Mgmt. Dist. Governing Bd.
  993 So. 2d 605· Fla. 2d DCA· 2008-10-31 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's dismissal of claims against the Southwest Florida Water Management District, holding that sovereign immunity does not bar inverse condemnation claims and that the complaint stated a viable cause of action for injunctiv
• City OF Jacksonville v. Twin Rests., Inc.
  953 So. 2d 720· Fla. 1st DCA· 2007-04-09 ·cited 2×
  The City of Jacksonville appeals a jury verdict awarding Twin Restaurants $685,000 in severance damages for a restaurant property affected by median construction on Collins Road. The court reverses, holding that severance damages are unavailable when the claimed damages result fr
• Island, Inc. v. The City OF Bradenton Beach
  884 So. 2d 107· Fla. 2d DCA· 2004-06-23 ·cited 2×
  Island, Inc. and Beach Development, Inc. appealed the denial of their petition to amend the City of Bradenton Beach's comprehensive plan to allow residential development on their property. The court reversed, holding that the city's denial of the small-scale development amendment
• Brevard Cnty. v. Blasky
  875 So. 2d 6· Fla. 5th DCA· 2004-04-30 ·cited 2×
  Brevard County and the Mosquito Control District appealed an inverse condemnation judgment against them for taking the Blasky's 27-acre marshy property. The appellate court affirmed the trial court's rejection of the district's defenses—including dedication by implication, irrevo
• Agripost, Inc. v. Metro. Miami-Dade Cnty.
  845 So. 2d 918· Fla. 3d DCA· 2003-03-26 ·cited 2×
  Agripost sought inverse condemnation, breach of contract, and statutory damages after Miami-Dade County revoked its conditional waste disposal facility zoning permit due to nuisance violations. The court affirmed summary judgment for the County, holding that conditional and revoc
• Neumont v. Monroe Cnty.
  242 F. Supp. 2d 1265· S.D. Fla.· 2002-11-21 ·cited 2×
  The court adopted in part the Magistrate Judge's recommendations, denying summary judgment on some counts, dismissing others as unripe or discretionary, and allowing certain claims to proceed.
• Rukab v. City OF Jacksonville Beach
  811 So. 2d 727· Fla. 1st DCA· 2002-02-26 ·cited 2×
  Property owners challenged a taking of their land under Florida's Community Redevelopment Act, arguing the City failed to establish public necessity for the condemnation. The court reversed, holding that landowners may challenge the validity of a blight designation in an eminent
• Kirchhoff v. S. Fla. Water Mgmt. Dist.
  805 So. 2d 848· Fla. 2d DCA· 2001-08-10 ·cited 2×
  Kirchhoff petitioned for a writ of certiorari to prevent a trial court from entering an order of taking in an eminent domain proceeding by the South Florida Water Management District. The court granted the petition, finding the trial court violated procedural due process by denyi
• Grandpa's Park, Inc. v. State
  726 So. 2d 789· Fla. 1st DCA· 1998-12-04 ·cited 2×
  Grandpa's Park appeals a final judgment in an eminent domain case where the Department of Transportation took 0.665 acres for I-295 expansion near Jacksonville. The court upheld the trial court's exclusion of evidence regarding alleged down-zoning and diminution in value of the r
• S. Fla. Water Mgmt. Dist. v. Basore OF Fla., Inc.
  723 So. 2d 287· Fla. 4th DCA· 1998-10-14 ·cited 2×
  South Florida Water Management District appealed a judgment finding it liable for inverse condemnation after its operations allegedly caused flooding that destroyed Basore's lettuce crop. The Fourth District reversed, holding that damage to growing crops from temporary flooding c
• Intracoastal N. Condo. Ass'n, Inc. v. Palm Beach Cnty.
  698 So. 2d 384· Fla. 4th DCA· 1997-08-27 ·cited 2×
  The court held that a diminished riparian right of access due to improved public navigation does not constitute a compensable taking.
• Moore v. City of Tallahassee
  928 F. Supp. 1140· N.D. Fla.· 1995-11-04 ·cited 2×
  Summary judgment is granted on the procedural due process claim, but genuine issues of fact remain for the substantive due process and inverse condemnation claims.
• Almeria T. Cottingham v. State
  656 So. 2d 597· Fla. 1st DCA· 1995-06-23 ·cited 2×
  The First District Court of Appeal transferred an appeal back to the Fifth District Court of Appeal, holding that appellate jurisdiction is determined by when a notice of appeal is filed relative to when a change of venue becomes effective. Because the notice of appeal was filed
• Davis v. MCI Telecomms. Corp.
  606 So. 2d 734· Fla. 1st DCA· 1992-10-22 ·cited 2×
  The Davis family challenged MCI's placement of a fiber optic cable in a railroad right-of-way crossing their property without compensation, arguing it constituted unlawful entry and detention. The trial court, on rehearing, held that Florida Statute § 362.02 authorized MCI's use
• Broughton Lumber Co. v. Columbia River Gorge Comm'n
  975 F.2d 616· 9th Cir.· 1992-09-15 ·cited 2×
  The court held that the Eleventh Amendment barred the inverse condemnation action against the states, the federal courts lacked subject matter jurisdiction over the declaratory judgment action against the Commission, and the inverse condemnation action against the Commission was
• Chamberlain v. City OF Sarasota
  602 So. 2d 702· Fla. 2d DCA· 1992-08-14 ·cited 2×
• Bigelow v. Mich. Dep't OF Natural Res. & David F. Hales
  970 F.2d 154· 6th Cir.· 1992-07-14 ·cited 2×
  The court held that the plaintiffs' federal claims (takings, equal protection, procedural due process) were not ripe for review because they had not exhausted available state remedies, specifically inverse condemnation proceedings.
• State v. FMS Mgmt. Sys., Inc.
  599 So. 2d 1009· Fla. 4th DCA· 1992-04-22 ·cited 2×
• J.B. Ranch, Inc. v. Grand Cnty.
  958 F.2d 306· 10th Cir.· 1992-03-03 ·cited 2×
  The court held that the plaintiff's Fifth Amendment takings and due process claims were not ripe for federal review because the plaintiff had not first pursued available state remedies for just compensation.
• Monument Mgmt. Ltd. P'ship I v. City OF Pearl
  952 F.2d 883· 5th Cir.· 1992-02-05 ·cited 2×
  The court held that the appeal must be dismissed for lack of jurisdiction because the trial court improperly certified an order that did not dispose of an entire claim.
• Hy Steinberg v. City OF Sunrise
  592 So. 2d 1148· Fla. 4th DCA· 1992-01-08 ·cited 2×
  The court held that the property owner lacked standing to challenge the assessment because he failed to deposit the admitted portion of the assessment into the court registry as required by statute.
• Broughton Lumber Co. v. Yeutter
  939 F.2d 1547· Fed. Cir.· 1991-07-12 ·cited 2×
  The Court of Appeals held that the district court correctly transferred Broughton's takings claim to the Claims Court, as neither the Columbia River Gorge National Scenic Area Act nor the Fifth Amendment provides jurisdiction in the district court for such claims exceeding $10,00
• Fields v. Sarasota-Manatee Airport Auth.
  755 F. Supp. 377· M.D. Fla.· 1991-01-14 ·cited 2×
  The court held that plaintiffs' federal claims were barred by res judicata and collateral estoppel due to prior state court litigation on the same issues.
• Fla. Citrus Nursery, Inc. v. State
  570 So. 2d 1355· Fla. 2d DCA· 1990-11-14 ·cited 2×
  A chose in action for inverse condemnation did not pass to the buyer of a partnership's assets at a judicial sale because it was not specifically listed or described in the order of sale or related documents.
• Joleewu, Ltd. v. City OF Austin
  916 F.2d 250· 5th Cir.· 1990-11-01 ·cited 2×
  The court held that a city can be equitably estopped from asserting res judicata when it makes inconsistent representations to special condemnation commissioners, and that other state-law claims are barred by governmental immunity.
• Kruchten v. United States
  914 F.2d 1106· 8th Cir.· 1990-09-24 ·cited 2×
  The court held that the United States did not have an actionable duty under Minnesota law to repair a pre-existing embankment, and therefore, the plaintiff's claims for negligence and trespass failed.
• S. Fla. Water Mgmt. Dist. v. Steadman Stahl
  558 So. 2d 1087· Fla. 4th DCA· 1990-03-28 ·cited 2×
  Landowners adjacent to a water conservation area brought suit against the South Florida Water Management District alleging that the District's operations flooded their property. The trial court found both trespass and inverse condemnation; the appellate court affirmed the inverse
• McNulty v. Town of Indialantic
  20 Envtl. L. Rep. (Envtl. Law Inst.) 20636· M.D. Fla.· 1989-12-08 ·cited 2×
  The court held that the town's ordinances and actions did not constitute a taking of the plaintiff's property without just compensation or due process, as the regulations substantially advanced legitimate state interests and did not deny all economically viable use.
• State v. Merrill Jerome Edwards and Judith L. Edwards
  545 So. 2d 479· Fla. 2d DCA· 1989-06-21 ·cited 2×
  The Florida Department of Transportation appealed a judgment awarding inverse condemnation damages to property owners for alleged loss of highway access. The court reversed, holding that the property owners never possessed the right of access they claimed to have lost, as their d
• Dep't of Health & Rehabilitative Servs. v. G & J Invs. Corp., Inc.
  541 So. 2d 1197· Fla. 3d DCA· 1988-11-15 ·cited 2×
  G & J Investments Corporation owned nursing home buildings and agreed to an August 1980 court order placing them under HRS control during a licensing crisis. When HRS later closed the facilities, G & J sued for damages based on wrongful injunction, but the appellate court held th
• Dep't OF Agric. & Consumer Servs. v. Mid-Florida Growers, Inc.
  532 So. 2d 1294· Fla. 2d DCA· 1988-10-21 ·cited 2×
  The court held that a trial court may impose conditions on a stay of judgment for a government entity, including partial payment of an undisputed amount, but requiring the entire remainder as a supersedeas bond may be an abuse of discretion.