Inverse Condemnation

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

• Petitioner v. Sweetwater Point, LLC
  Del. Ch.· 2022-06-30
  The Court denied the Respondents' motion for partial summary judgment, finding that the State did not acquiesce in the Respondents' chain of title for the requisite twenty-year period to divest the State of its superior record title. The Court also found that the elements for equ
• Orlando BAR Grp., LLC v. Desantis
  Fla. 5th DCA· 2022-06-03
  Temporary COVID-19 executive orders restricting bar operations and alcohol sales constitute regulatory takings subject to the Penn Central balancing test, not per se physical takings, and under Penn Central do not amount to compensable takings because the restrictions were tempor
• Orlando BAR Grp., LLC v. Desantis
  Fla. 5th DCA· 2022-04-08
  Temporary COVID-19 executive orders restricting bar operations constituted regulatory takings subject to the Penn Central test, not per se takings, and did not amount to compensable takings under that test or the categorical taking doctrine.
• Orlando BAR Grp., LLC v. Desantis
  Fla. 5th DCA· 2022-04-07
  A bar group challenged COVID-19 executive orders that temporarily closed or restricted bar operations, alleging inverse condemnation (a taking of property requiring compensation). The Fifth District Court of Appeal affirmed dismissal of the complaint, holding that the temporary r
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2022-03-07
  The court held that the amended complaint sufficiently alleged a procedural due process claim against the County, but failed to state a claim for a categorical taking and that Officer Pisano was entitled to qualified immunity.
• Rivadeneira v. Univ. of S. Fla.
  M.D. Fla.· 2022-02-14
  The University Board of Trustees is not a "person" under 42 U.S.C. § 1983, and a voluntary payment of tuition does not constitute a taking under the Fifth Amendment. The court declined supplemental jurisdiction over state law claims.
• Munzel v. Hillsborough Cnty.
  M.D. Fla.· 2021-11-23
  The court held that the plaintiff failed to state claims for takings, inverse condemnation, and procedural due process against the County and Officer Pisano, and declined supplemental jurisdiction over the negligence claim.
• Lake v. Charlotte Cnty. Bd. of Cnty. Comm'rs
  M.D. Fla.· 2021-11-18
  The court held that the plaintiff failed to state a claim for regulatory taking under either the Lucas or Penn Central standards because the complaint lacked sufficient factual allegations to support the conclusion that the county's land use regulations deprived him of all econom
• Hunt v. State
  Fla. 1st DCA· 2021-01-28
  This case concerns whether a state law banning bump-fire stocks constitutes a "taking" of private property without just compensation. The court held that such a ban, enacted for public safety, is a valid exercise of the state's police power and not a compensable taking of persona
• Persaud Props. FL Invs., LLC v. THE Town of Fort Myers Beach
  Fla. 2d DCA· 2020-12-11
  The appellate court reversed a lower court's decision that a property owner had abandoned a nonconforming use of their property. The court held that abandonment requires an intent to permanently cease the use, which was not present when the property was temporarily closed for ren
• Galleon BAY Corp. v. Bd. of Cnty. Comm'rs of Monroe Cnty.
  Fla. 3d DCA· 2020-12-02
  The appellate court affirmed the trial court's denial of a motion to declare a final judgment void. The court held that a statute requiring the condemning authority to deposit funds within 20 days of judgment does not apply to inverse condemnation cases initiated by a landowner.
• Richard F. Stokes Judge EFiled: Nov 06 2020 08:17 AM
  Del. Super. Ct.· 2020-10-30
  The Superior Court dismissed Lehman Brothers Holdings, Inc.'s and Sweetwater Point, LLC's complaints, finding their claims time-barred by the applicable statute of limitations. The court held that the "discovery rule" and "inquiry notice" principles meant that the limitations per
• Myakka River Resort, LLC v. City of N. Port
  M.D. Fla.· 2020-06-30
  The court held that the defendant's removal was untimely because it was filed more than thirty days after the initial pleading that stated a removable claim, and the statutory exception for amended pleadings did not apply. The court also held that attorneys' fees would not be awa
• Rhodes v. City of Jacksonville
  M.D. Fla.· 2020-06-15
  The court held that the plaintiff failed to state a claim under the Fifth Amendment's Takings Clause or the Fourteenth Amendment's Due Process Clause.
• Jamieson v. Town of Fort Myers Beach
  Fla. 2d DCA· 2020-03-25
  The appellate court reversed a summary judgment for the Town, finding that the property owner's takings claims were not barred by his purchase of the property with notice of a wetlands restriction, nor were the claims unripe despite the property's designation. The court held that
• Clewiston Commons LLC v. City of Clewiston
  M.D. Fla.· 2020-03-10
  The court granted summary judgment for defendants on the Sunshine Law claim and denied most other claims without prejudice, finding them not ripe or lacking sufficient factual support. Qualified immunity was granted to individual defendants on the equal protection claim.
• Clark v. City of Pembroke Pines
  Fla. 4th DCA· 2020-02-26
  A property owner is entitled to compensation for inverse condemnation when governmental action substantially diminishes access to a property right-of-way easement and disrupts municipal services, even if complete access is not eliminated. The destruction of direct access to an ab
• Leon Cnty. v. Lakeshore Gardens Homeowners' Ass'n, Inc.
  265 So. 3d 706· Fla. 1st DCA· 2019-02-28
  Leon County sought to condemn common area property owned by members of Lakeshore Gardens Homeowners' Association for an easement. The circuit court dismissed the eminent domain petition for failure to name all 100+ individual property owners as indispensable parties rather than t
• Winter Green at Winter Park Homeowners Ass'n, Inc. v. Ware
  264 So. 3d 1143· Fla. 5th DCA· 2019-02-22
  The appellate court affirmed the dissolution of a temporary injunction against a homeowners association but reversed the order compelling binding arbitration. The court found the injunction dissolution was proper due to suspicious notice irregularities, but the arbitration order
• Fla. Fish & Wildlife Conservation Comm. v. Daws
  Fla. 1st DCA· 2018-04-10
  The FWC was entitled to summary judgment on the property owners' takings claims because they failed to allege either a permanent physical occupation of their land or complete deprivation of all economically beneficial use, as required to state a legally sufficient inverse condemn
• Bush v. Roundpoint Mortg. Servicing Corp.
  M.D. Fla.· 2015-08-19
  A motion to dismiss an FCRA claim should be denied if plaintiffs allege that a technically true but incomplete credit report, failing to note third-party fault for a late payment, was misleading and that the furnisher failed to investigate the dispute.
• Fla. Dep't OF Transp. v. Mallards Cove, LLP
  159 So. 3d 927· Fla. 2d DCA· 2015-03-06
  The Florida Department of Transportation and the Clerk of the Court of Pasco County appealed a trial court's order granting class certification in an inverse condemnation case. Mallards Cove sought to represent a class claiming that taking 90% of investment interest earned on qui
• Bellizzi v. Islamorada
  151 So. 3d 486· Fla. 3d DCA· 2014-09-24
  The court held that the developer's intent, as evidenced by the plats and subsequent conveyances to public entities, was to retain ownership of the roads and grant lot owners only an easement of use, not fee title to the center of the roadways.
• Chmielewski v. City OF ST. Pete Beach
  161 So. 3d 521· Fla. 2d DCA· 2014-08-27
  The Chmielewskis sought public disclosure of a "shade meeting" transcript from a concluded quiet title lawsuit with the City of St. Pete Beach under Florida's public records law. The trial court dismissed their complaint, finding the quiet title action still pending due to a medi
• Charles and Virginia Barnes v. The Dist. Bd. OF Trs. OF ST. Johns River State Coll.
  147 So. 3d 102· Fla. 1st DCA· 2014-08-12
  The Barneses sued St. Johns River State College for property damage from water overflow caused by a retention pond breach on the College's campus. The trial court granted summary judgment for the District based on immunity under Florida Statute section 373.443, which provides imm
• Collier Cnty. v. Hussey
  147 So. 3d 35· Fla. 2d DCA· 2014-06-27
  Collier County appealed a trial court's denial of approval for a settlement agreement resolving Bert Harris Act property rights claims. The court affirmed the denial, holding that the settlement agreement did not comply with the Bert Harris Act's strict presuit settlement timelin
• ST. Johns River Water Mgmt. Dist. v. Coy A. Koontz, Jr.
  183 So. 3d 396· Fla. 5th DCA· 2014-04-30
  This is a dissenting opinion arguing that the majority incorrectly affirmed a judgment in favor of Koontz, asserting that the U.S. Supreme Court's decision requires a disposition in favor of the District.
• Bd. OF Trs. OF the Internal Improvement Tr. Fund & The Fla. Dep't of Env't Prot. v. Walton Cnty.
  121 So. 3d 1166· Fla. 1st DCA· 2013-09-23
  The Florida Department of Environmental Protection and Board of Trustees of the Internal Improvement Trust Fund appealed a trial court's decision to retain venue in Leon County for an inverse condemnation lawsuit filed by property owners whose land was affected by a beach restora
• Collins v. Monroe Cnty.
  118 So. 3d 872· Fla. 3d DCA· 2013-07-10
  Landowners in Monroe County, Florida appealed a trial court judgment denying their regulatory takings claims based on the county's comprehensive plan. The appellate court affirmed, finding that except for one landowner (Davis), the others failed to demonstrate they were deprived
• Bd. OF Supervisors OF ST. John's Water Control Dist. v. State
  103 So. 3d 218· Fla. 4th DCA· 2012-11-28
  The District appealed an attorney's fees award in an inverse condemnation case, challenging the trial court's decision to limit fee recovery to work performed after filing the inverse condemnation counterclaim. The court reversed, holding that attorney's fees must include all rea
• Charlotte Cnty. v. Rotonda Project, LLC
  91 So. 3d 249· Fla. 2d DCA· 2012-06-27
  Florida appellate court affirmed judgment for inverse condemnation, holding that Charlotte County's regulations, actions, and inactions caused a substantial deprivation of the property owner's economic use and investment-backed expectations in violation of the Florida Constitutio
• PGA N. II OF Fla., LLC v. Division of Administration
  126 So. 3d 1150· Fla. 4th DCA· 2012-06-20
  PGA North appealed a trial court judgment denying compensation for its landlocked property after DOT acquired land that severed access to PGA Boulevard. The Fourth District reversed, holding that PGA North was entitled to compensation under a 1982 final judgment for the period du
• Jordan v. ST. Johns Cnty.
  63 So. 3d 835· Fla. 5th DCA· 2011-05-20
  Property owners in the Summer Haven subdivision sued St. Johns County for failing to adequately maintain Old A1A, the only vehicle access road to their beachfront parcels. The court reversed summary judgments on the declaratory relief and inverse condemnation counts, holding that
• Sleepy Hollow, Inc. v. City OF Archer
  10 So. 3d 1130· Fla. 1st DCA· 2009-05-04
• Sierra Club v. Van Antwerp
  709 F. Supp. 2d 1254· S.D. Fla.· 2009-01-30
  The Corps' determination that limestone mining in wetlands was water-dependent and that no practicable alternatives existed was arbitrary and capricious, violating the Clean Water Act and NEPA.
• K & H Dev. Grp., Inc. v. Howard
  211 F. Supp. 750· N.D. Fla.· 2009-01-16
  The court granted defendants' motions to strike and exclude evidence, finding that the expert's supplemental report and the arguments based on it were unfairly prejudicial and untimely.
• State of Fla. Dep't OF Transp. v. Bd. OF Supervisors OF ST. John's Water Control Dist.
  981 So. 2d 605· Fla. 4th DCA· 2008-05-14
  The Florida Department of Transportation appealed a judgment awarding inverse condemnation compensation to St. John's Water Control District, challenging the trial court's use of the trial date as the valuation date. The court reversed, holding that the proper valuation date in i
• In & for New Castle Cnty. Wilmington Hospitality, LLC v. NEW Castle Cnty.
  Del. Super. Ct.· 2007-12-28
  The court denied the defendant's renewed motion for judgment as a matter of law, motion for a new trial, and motion for remittitur. The court found that the equal protection issue was properly presented to the jury, that the jury's verdict was supported by the evidence, and that
• In & for New Castle Cnty. Wilmington Hospitality, LLC
  Del. Super. Ct.· 2007-04-26
  The Court denied New Castle County's motion for summary judgment, finding genuine issues of material fact regarding whether the plaintiff was treated differently from similarly situated entities without a rational basis, and whether a breach of contract occurred. The Court also h
• Modern, Inc. v. Florida
  444 F. Supp. 2d 1234· M.D. Fla.· 2006-08-15
  The court held that the defendant is entitled to summary judgment on the common law flowage easement claim because its actions were aimed at restoring natural water flow, not interfering with it. The court also found that certain deed descriptions were too ambiguous to establish
• Watson Constr. Co. v. City of Gainesville
  433 F. Supp. 2d 1269· N.D. Fla.· 2006-05-23
  The court held that the plaintiff could not prove a procedural due process claim because the City's moratorium ordinance was a legislative act, and thus summary judgment was granted on that count.
• ST. Johns River Water Mgmt. Dist. v. Womack
  914 So. 2d 15· Fla. 5th DCA· 2005-09-16
  The St. Johns River Water Management District appeals a trial court judgment finding that it unlawfully denied Floyd Womack's permit application due to undue influence by private interests and members of the Friends of the Wekiva organization. The appellate court reverses in part
• Dep't OF Transp. v. RFT P'ship
  906 So. 2d 1161· Fla. 2d DCA· 2005-06-29
  The Department of Transportation appeals a trial court's award of $217,000 in attorneys' fees to RFT Partnership's lawyers for achieving a nonmonetary benefit in an eminent domain proceeding. The court reverses, holding that the lawyers' efforts to improve a road intersection did
• Rich v. Dep't of Agric. & Consumer Servs.
  898 So. 2d 1163· Fla. 2d DCA· 2005-04-01
• JRD Dev. OF Brevard, Inc. v. City OF Cocoa Beach
  896 So. 2d 823· Fla. 5th DCA· 2005-02-18
  The court held that the complaint failed to state a cause of action for inverse condemnation and negligence.
• Black v. Orange Cnty.
  888 So. 2d 156· Fla. 5th DCA· 2004-12-03
  The appellate court reversed summary judgment because the plat language was ambiguous regarding whether the 60-foot strip was dedicated to the public or merely reserved for future acquisition by the county, creating a genuine dispute of material fact inappropriate for summary res
• Chuck Blankenship v. Dep't OF Transp.
  890 So. 2d 1130· Fla. 5th DCA· 2004-12-03
  In an eminent domain proceeding involving a direct taking, a property owner may present evidence of flooding damage to remainder property as a consequential damage claim and need not wait to bring an inverse condemnation action after flooding actually occurs.
• Golf Club OF Plantation, Inc. v. City OF Plantation
  847 So. 2d 1028· Fla. 4th DCA· 2003-05-14
  Golf Club of Plantation sought inverse condemnation damages from the City of Plantation for allegedly taking its property by prohibiting conversion from golf course use to residential or other uses. The Fourth District reversed summary judgment, holding that the City's absolute b
• City OF Tampa v. Redner
  852 So. 2d 270· Fla. 2d DCA· 2003-03-28
  For a temporary taking of a zoning entitlement, damages must be calculated as the reduction in annual income-producing potential (the difference between fair market value with and without the restriction, multiplied by years of deprivation), not the total lost income or expenses
• Markus v. Fla. Dep't of Agric. & Consumer Servs.
  785 So. 2d 595· Fla. 3d DCA· 2001-04-18
  Property owners appealed an Immediate Final Order from the Florida Department of Agriculture authorizing destruction of their apparently healthy citrus trees located within 1,900 feet of a canker-infected tree. The Third District Court of Appeal affirmed the order, holding that r