Inverse Condemnation

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

• Simon v. Deer Meadows Homeowners' Ass'n, Inc.
  277 So. 3d 197· Fla. 1st DCA· 2019-07-10 ·cited 1×
  The appellate court reversed the circuit court's dismissal of a homeowners' association's action against a city regarding credits for irrigation system installation, finding the circuit court misinterpreted the relevant ordinance.
• Dep't OF Transp. v. Butler Carpet Co.
  231 So. 3d 499· Fla. 2d DCA· 2017-05-31 ·cited 1×
  The Department of Transportation appeals judgments awarding damages to Butler Carpet Company and CHK, LLC for inverse condemnation claims arising from a U.S. 19 reconstruction project in Pinellas County. The court affirms awards for physical takings of portions of the properties
• Mathers v. Wakulla Cnty.
  219 So. 3d 140· Fla. 1st DCA· 2017-05-02 ·cited 1×
  The Matherses appealed a summary judgment dismissing their claims that Kristin Lane became a county road under Florida's statutory-presumed dedication statute. The court held that acceptance by the government entity is not required for statutory-presumed dedication and that priva
• Caribbean Condo. v. The City OF Flagler Beach
  178 So. 3d 426· Fla. 5th DCA· 2015-09-18 ·cited 1×
  Caribbean Condominium appealed a trial court's award of attorney's fees to the City of Flagler Beach under the Bert Harris Act, and the City cross-appealed the denial of its request for costs on unsuccessful inverse condemnation claims. The appellate court affirmed the attorney's
• Fla. Dep't OF Agric. & Consumer Servs. & The Fla. Comm'r of Agric. v. Mendez
  126 So. 3d 367· Fla. 4th DCA· 2013-10-16 ·cited 1×
  The Florida Department of Agriculture appeals a multimillion-dollar class action judgment for inverse condemnation arising from the destruction of citrus trees in the Citrus Canker Eradication Program. The appellate court affirmed the trial court's finding that destruction of non
• State v. Basford
  119 So. 3d 478· Fla. 1st DCA· 2013-07-24 ·cited 1×
  The State of Florida appealed a trial court judgment awarding inverse condemnation compensation to a pig farmer for improvements rendered valueless by the Pregnant Pig Amendment, which banned gestation crates. The appellate court affirmed, holding that the Amendment effected a re
• City OF W. Palm Beach v. Olenza Roberts and Venita Roberts
  72 So. 3d 294· Fla. 4th DCA· 2011-10-19 ·cited 1×
  The City of West Palm Beach appealed a trial court judgment finding that the City's demolition of the Robertses' structure constituted a taking requiring compensation. The Fourth District affirmed, holding that the City failed to provide proper notice before demolition and that t
• Grosscup v. Pantano
  725 F. Supp. 2d 1370· S.D. Fla.· 2010-07-22 ·cited 1×
  The court held that claims against state agencies (DCA, DEP, City) were not ripe due to lack of a final decision and were barred by Eleventh Amendment immunity for DCA and DEP. Claims against federal defendants were not moot, and mandamus jurisdiction existed for one application.
• Log Creek, LLC. v. Kessler
  717 F. Supp. 2d 1239· N.D. Fla.· 2010-06-03 ·cited 1×
  The court held that equal protection claims were adequately alleged, but procedural due process, taking, open meeting, and defamation claims failed for various reasons including ripeness, immunity, lack of recurrence, and failure to allege fault.
• Fla. Dep't OF Agric. & Consumer Servs. v. In re Citrus Canker Litigation
  20 So. 3d 864· Fla. 3d DCA· 2009-06-17 ·cited 1×
• Agripost, LLC v. Miami-Dade Cnty.
  525 F.3d 1049· 11th Cir.· 2008-04-22 ·cited 1×
  Agripost LLC and Agri-Dade Ltd., successors to Agripost Inc., challenged Miami-Dade County's revocation of their conditional unusual use permit for a waste-disposal compost plant on grounds that the revocation constituted a regulatory taking without just compensation under the Fi
• USA Independence Mobilehome Sales, Inc. v. City OF Lake City
  908 So. 2d 1151· Fla. 1st DCA· 2005-08-19 ·cited 1×
  USA Independence Mobile Home Sales, Inc. appeals the trial court's denial of its inverse condemnation claim against the City of Lake City and Columbia County following the construction of a road extension that eliminated direct highway access to its leased mobile home sales cente
• Modern, Inc. v. Florida
  381 F. Supp. 2d 1331· M.D. Fla.· 2004-04-14 ·cited 1×
  The court held that inverse condemnation claims are not barred by res judicata or collateral estoppel because the administrative proceedings did not fully litigate those issues. The court also found that federal equal protection claims were not barred due to an untimely England-J
• Granite State Outdoor Advertising, Inc. v. City of St. Pete Beach
  322 F. Supp. 2d 1335· M.D. Fla.· 2004-01-13 ·cited 1×
  The court held that the plaintiff's facial challenge to the prior sign ordinance was moot due to the enactment of an amended ordinance, and that takings claims were not ripe. The court also found that the plaintiff was not entitled to damages or attorneys' fees.
• State v. Kirkland
  772 So. 2d 566· Fla. 1st DCA· 2000-10-31 ·cited 1×
  The Florida Department of Transportation appeals a determination that realigning State Road 77 in front of the Kirklands' restaurant constituted a compensable taking of access. The court reverses, finding the case indistinguishable from a prior precedent holding that loss of conv
• Neumont v. Monroe Cnty. Fla.
  104 F. Supp. 2d 1368· S.D. Fla.· 2000-06-21 ·cited 1×
  The court held that the defendant's motion to dismiss the amended complaint should be denied because the plaintiffs' claims, including premature enforcement, inverse condemnation, and takings claims, were sufficiently pleaded and not moot or unripe at this stage.
• Coastal Petroleum Co. v. Fla. Wildlife Fed'n, Inc.
  766 So. 2d 226· Fla. 1st DCA· 1999-10-06 ·cited 1×
  Coastal Petroleum challenged the Florida Department of Environmental Protection's denial of an offshore drilling permit, arguing the agency's reinterpretation of permitting criteria violated the takings clause. The court affirmed the permit denial, holding that DEP properly reint
• New Port Largo, Inc. v. Monroe Cnty.
  856 F. Supp. 659· S.D. Fla.· 1994-04-01 ·cited 1×
  The court held that a genuine issue of material fact exists regarding whether the rezoning constituted a taking, and thus denied summary judgment. The court also determined that if a taking is found, the period of liability would run from the rezoning date to the date the plainti
• Grande v. Hillsborough Cnty.
  623 So. 2d 1254· Fla. 2d DCA· 1993-10-01 ·cited 1×
• Bakus v. Broward Cnty.
  634 So. 2d 641· Fla. 4th DCA· 1993-09-22 ·cited 1×
  Homeowners whose properties near Fort Lauderdale-Hollywood International Airport experienced increased noise levels during temporary use of an alternate runway sued for inverse condemnation. The court affirmed the trial court's dismissal, holding that appellants failed to prove e
• Jensen v. Redev. Agency OF Sandy City
  998 F.2d 1550· 10th Cir.· 1993-07-15 ·cited 1×
  The court held that the district court did not abuse its discretion in denying the plaintiffs' Rule 56(f) affidavit for additional discovery, and that summary judgment was appropriate as the plaintiffs failed to establish a constitutionally protected property or liberty interest.
• Warner/Elektra/Atlantic Corp. v. Cnty. OF DuPAGE
  991 F.2d 1280· 7th Cir.· 1993-04-19 ·cited 1×
  The court affirmed the judgment, holding that comparative negligence principles apply to inverse condemnation claims under the Illinois Constitution, and dismissed the county's cross-appeal.
• White v. Cnty. OF Newberry
  985 F.2d 168· 4th Cir.· 1993-02-05 ·cited 1×
  The court held that the plaintiffs failed to present sufficient evidence of an affirmative act by the County to support their inverse condemnation claim and failed to establish a release of hazardous substances for their CERCLA claim.
• Treister v. City of Miami
  893 F. Supp. 1057· S.D. Fla.· 1992-08-13 ·cited 1×
  The court held that most of the plaintiffs' federal constitutional claims are barred by res judicata and the full faith and credit statute due to prior state court rulings.
• Bensch v. Metro. Dade Cnty.
  798 F. Supp. 678· S.D. Fla.· 1992-05-04 ·cited 1×
  The court held that John Maloy is entitled to qualified immunity and dismissed claims against him, but denied dismissal for SFWMD's flood-taking claim, while dismissing other claims against SFWMD for failure to plead adequately.
• Treister v. City OF Miami
  575 So. 2d 218· Fla. 3d DCA· 1991-01-15 ·cited 1×
  Treister sought zoning change for Miami property, which was denied. After his certiorari challenge to the denial was affirmed, he filed an inverse condemnation action. The circuit court granted summary judgment for the city on res judicata grounds, and this court affirmed, holdin
• Pinkham v. Lewiston Orchards Irrigation Dist.
  862 F.2d 184· 9th Cir.· 1988-11-29 ·cited 1×
  The court held that the plaintiffs' tort claims for damages caused by flooding on their allotted land do not fall within the scope of federal jurisdiction under 28 U.S.C. § 1353 or 25 U.S.C. § 345, as these statutes are intended to protect rights appurtenant to allotments, not co
• Amerkan v. City OF Hialeah
  534 So. 2d 796· Fla. 3d DCA· 1988-11-22 ·cited 1×
  In an eminent domain action, Joseph Amerkan appealed a jury verdict awarding him $200,000 for the taking of his property, arguing the award was inadequate. The court affirmed, rejecting his claims for lost rental income as business damages and his tortious interference countercla
• Division OF Administration v. Ideal Holding Co.
  427 So. 2d 392· Fla. 4th DCA· 1983-03-09 ·cited 1×
  The State of Florida's Department of Transportation appealed a trial court judgment finding that it had inversely condemned property without just compensation. The court reversed, holding that the state had properly acquired the disputed right-of-way through maintenance of a drai
• City OF Jacksonville v. Corbett
  229 So. 2d 897· Fla. 1st DCA· 1970-01-08 ·cited 1×
  The court affirmed the trial court's judgment awarding $14,000 in damages for property harm caused by low-altitude aircraft overflights, rejecting the city's res judicata argument and finding no taking of property under inverse condemnation.
• City OF Jacksonville v. George Schumann et ux.
  167 So. 2d 95· Fla. 1st DCA· 1964-08-18 ·cited 1×
  The City of Jacksonville appealed the denial of its motion to dismiss and motion to strike a second amended complaint in an inverse condemnation action brought by 57 property owners living near Imeson Airport. The court recognized inverse condemnation as a viable cause of action
• Batten v. United States
  292 F.2d 144· 10th Cir.· 1961-06-20 ·cited 1×
  The court held that the case should be remanded for a judgment based on established facts, not just the complaint's allegations.
• Key Haven Associated Enters., Inc. v. Fla. Dep't of Env't Prot.
  Fla. 1st DCA· 2026-08-26
  An inverse condemnation claim for a regulatory taking accrues and ripens when the government entity makes a final decision prohibiting the use, not when a subsequent permit application is denied; thus, Key Haven's claim accrued in the 1970s when the state halted dredge-and-fill w
• Fla. Fish & Wildlife Conservation Comm'n v. Kaiser Consulting Grp., LLC
  Fla. 1st DCA· 2026-06-10
  Government-issued permits that are nontransferable, confer no exclusive rights, and are expressly subject to the government's authority to suspend, revoke, or decline renewal do not constitute compensable property sufficient to support an inverse condemnation claim.
• Fla. Fish & Wildlife Conservation Comm'n v. McAdam
  Fla. 1st DCA· 2025-12-31
  An inverse condemnation claim based on alleged wrongful destruction of personal property by a state agency is not barred by sovereign immunity because it rests on a constitutional guarantee against uncompensated takings. An unjust enrichment claim premised on an implied contract
• Velvet Ann Saulsberry v. Woods
  M.D. Fla.· 2025-12-10
  The court held that the plaintiff failed to establish a prima facie case for retaliation and that the Sheriff's actions did not constitute a taking of property.
• Nichols v. City of Miami Beach
  Fla. 3d DCA· 2025-10-01
  The trial court did not abuse its discretion in denying Nichols' motion for leave to amend her complaint a fourth time, where the court had previously warned that the third amended complaint was her 'last shot' and the case had been pending over five years with multiple substanti
• Daniels v. Town of Palm Beach
  S.D. Fla.· 2025-08-18
  The court held that the Fifth Amendment due process claim is dismissed, the Fourteenth Amendment due process claim is dismissed due to adequate state remedies, and the First Amendment retaliation claim is dismissed for failure to plead absence of probable cause.
• Fulton v. Fulton Cnty. Bd. of Comm'rs
  11th Cir.· 2025-07-31
  Brandon Fulton sued Fulton County after the county seized his horses during a criminal investigation, dropped charges against him, and failed to return or compensate him for the animals. The Eleventh Circuit held that the Fifth Amendment's Takings Clause creates a direct cause of
• 569 NW 54th St., LLC v. City of Miami
  Fla. 3d DCA· 2025-05-07
  An inverse condemnation claim that seeks to challenge the propriety of an agency's prior action constitutes an impermissible collateral attack and fails to state a cause of action.
• Se. Dev. P'rs, LLC v. St. Johns Cnty.
  M.D. Fla.· 2024-09-13
  A Florida developer and the county that approved its mixed-use development project disputed their contractual obligations regarding road improvements required for the project, with the developer claiming the county misinterpreted the agreement and improperly declared it in defaul
• Clewiston Commons LLC v. City of Clewiston
  M.D. Fla.· 2024-04-23
  A property owner sued the City of Clewiston and municipal officials over a zoning dispute involving its mobile home park, which was rezoned from residential to commercial in 2007, and the subsequent issuance of termination notices demanding cessation of the non-conforming use. Th
• Anson v. City of Deltona
  M.D. Fla.· 2024-03-01
  The court held that the defendant's motion to dismiss the amended complaint is denied because the plaintiffs sufficiently alleged facts to state a claim for inverse condemnation.
• Ned C. Bowers v. Orange Cnty.
  Fla. 6th DCA· 2023-05-05
  An appellate court lacks jurisdiction to review an order denying a motion for entry of an amended final judgment when the trial court has not entered a final judgment disposing of all counts in a multicount complaint. A settlement notice does not constitute a final disposition of
• Shands v. City of Marathon
  Fla. 3d DCA· 2023-05-03
  Transferred development rights must be analyzed on the compensation side of the takings equation, not the taking side. A regulation that deprives a landowner of all economically beneficial uses constitutes a per se taking under Lucas, regardless of TDR availability, and token res
• Washington v. State
  Fla. 3d DCA· 2023-03-22
  Consecutive sentences for multiple offenses are lawful under Florida law when the offenses are separately charged or when a single criminal act affects multiple victims.
• City of Delray Beach v. Sherman Williams Am. Legion
  Fla. 4th DCA· 2023-03-22
  A complaint alleging breach of a written contract by a municipality must attach a copy of the contract and identify which contractual provisions were breached; City Council meeting minutes alone are insufficient to establish an express written contract necessary to waive sovereig
• Washington v. State
  Fla. 3d DCA· 2023-03-22
• State v. Gulf Coast Transp., Inc.
  Fla. 2d DCA· 2022-10-07
  This case concerns whether taxicab medallions, declared "private property" by state legislation, constitute a compensable property interest under the Takings Clause when the legislature later abolishes the regulatory scheme that created them. The court held that the medallions we
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2022-07-05
  The court held that the defendant's motion to dismiss the second amended complaint should be denied, allowing the takings, procedural due process, and negligence claims to proceed.