Inverse Condemnation

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

• State v. Mid-Florida Growers, Inc.
  541 So. 2d 1243· Fla. 2d DCA· 1989-03-08 ·cited 9×
  The Department of Agriculture appealed a jury verdict awarding citrus nursery owners damages for destroyed nursery stock and lost production following a state-ordered burning. The court affirmed the award for destroyed stock valued at spring 1985 market prices but reversed the lo
• Charles J. Arndt, Inc. v. City OF Birmingham
  748 F.2d 1486· 11th Cir.· 1984-12-17 ·cited 9×
  The court held that the city's declaration of blight and subsequent actions, including the negotiation of an option to terminate a leasehold interest, did not constitute a taking of property without due process of law under the Fifth and Fourteenth Amendments.
• Faison v. Division OF Administration
  299 So. 2d 629· Fla. 1st DCA· 1974-08-01 ·cited 9×
  The court held that the plaintiff's suit for inverse condemnation was properly brought, as the damages resulted from continuing floodings, not a single incident barring a tort action.
• Smith v. City OF Melbourne
  211 So. 2d 66· Fla. 4th DCA· 1968-06-04 ·cited 9×
  Smith obtained property subject to a road right-of-way for Babcock Street. When Melbourne widened the street and took additional property, Smith counterclaimed for inverse condemnation of the 30-foot easement strip. The court affirmed the lower court's judgment against Smith, fin
• Shands v. City OF Marathon
  999 So. 2d 718· Fla. 3d DCA· 2008-12-31 ·cited 8×
  Owners of Shands Key challenged the City of Marathon's denial of development permits as an unconstitutional taking of property. The court reversed the trial court's dismissal, holding that the owners stated an as-applied (not facial) taking claim that was timely filed and present
• Fla. Dep't OF Agric. v. In re Citrus Canker Litigation
  941 So. 2d 461· Fla. 3d DCA· 2006-10-25 ·cited 8×
  The Florida Department of Agriculture sought certiorari to overturn a trial court's denial of its motion to delete a class of Miami-Dade County property owners from a citrus canker litigation and require an independent certification hearing. The court granted the writ, holding th
• ST. Johns River Water Mgmt. Dist. v. Coy A. Koontz, Jr.
  908 So. 2d 518· Fla. 5th DCA· 2005-06-24 ·cited 8×
  A finding of liability in an inverse condemnation action is neither a final order nor an appealable non-final order when the trial court expressly reserves jurisdiction to assess damages.
• Seminole Cnty. v. Pinter Enters., Inc.
  184 F. Supp. 2d 1203· M.D. Fla.· 2000-09-26 ·cited 8×
  The court held that the local governments, as plaintiffs in the state court action, improperly removed the case to federal court because they could not be realigned as defendants for removal purposes. The court also declined to award costs under 28 U.S.C. § 1447(c).
• Paedae v. Escambia Cnty.
  709 So. 2d 575· Fla. 1st DCA· 1998-03-13 ·cited 8×
  The Paedaes challenged a summary judgment dismissing their federal civil rights and state law claims for damages after Escambia County denied them the right to use their property for mobile homes. The court held that neither a federal substantive due process claim nor a state cau
• Almeria T. Cottingham v. State
  672 So. 2d 28· Fla.· 1996-04-11 ·cited 8×
  The date of payment of transfer fees and charges for a change of venue is the date of receipt by the transferee court, not the date of mailing.
• LEE Cnty. v. Sylvan Zemel
  675 So. 2d 1378· Fla. 2d DCA· 1996-04-10 ·cited 8×
  Lee County appealed a trial court judgment that invalidated land use plan amendments on constitutional grounds, finding them arbitrary and capricious as applied to the Zemels' property. The court reversed, holding that constitutional challenges to agency action must be pursued th
• Specialty Malls of Tampa v. City of Tampa
  916 F. Supp. 1222· M.D. Fla.· 1996-02-05 ·cited 8×
  The court held that the plaintiffs lacked standing to bring their claims and, alternatively, that the claims failed on the merits, entitling the defendants to summary judgment.
• Gash Assocs. v. Vill. OF Rosemont
  995 F.2d 726· 7th Cir.· 1993-06-08 ·cited 8×
  The district court lacked jurisdiction because the plaintiff was impermissibly seeking to overturn a state court judgment through a federal collateral attack, which is barred by the Rooker-Feldman doctrine.
• City OF Tallahassee v. Boyd
  616 So. 2d 1000· Fla. 1st DCA· 1993-02-17 ·cited 8×
  The City of Tallahassee appealed a jury verdict awarding business damages to Weaver Oil Company in an eminent domain action. The court reversed, holding that Weaver Oil failed to allege a sufficient basis for statutory business damages under Florida law because the alleged loss o
• Nat'l Advertising Co. v. State
  611 So. 2d 566· Fla. 1st DCA· 1992-12-31 ·cited 8×
  National Advertising Company appeals a condemnation judgment awarding it only $38,400 (the replacement cost of its billboard sign) for the taking of its valuable leasehold interest. The court reverses, holding that the condemning authority failed to present competent evidence reg
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  796 F. Supp. 1477· N.D. Fla.· 1992-06-15 ·cited 8×
  The court held that claims alleging the denial of all economically viable use of land are not ripe until the landowner seeks approval for development under current regulations and is denied. Claims for just compensation are also not ripe until state remedies are exhausted.
• Curto v. City OF Harper Woods
  954 F.2d 1237· 6th Cir.· 1992-01-28 ·cited 8×
  The court held that the district court erred in granting summary judgment on the plaintiff's claim that the ordinance was an unreasonable means of advancing a legitimate governmental interest, as the record was insufficient to determine if the 'three cars per bay' limit was arbit
• Miller v. Campbell Cnty.
  945 F.2d 348· 10th Cir.· 1991-09-24 ·cited 8×
  The court held that the Fifth Amendment takings claim was not ripe for review and that the Fourteenth Amendment due process claims were adequately addressed by the Just Compensation Clause and available post-deprivation remedies, affirming the district court's grant of summary ju
• Nat'l Advertising Co. v. The City & Cnty. OF Denver
  912 F.2d 405· 10th Cir.· 1990-08-16 ·cited 8×
  The court held that Denver's new ordinance regulating billboards near freeways is facially constitutional under the First Amendment, and that National's claims for damages and injunctive relief were properly denied.
• ST. Clair v. City OF Chico
  880 F.2d 199· 9th Cir.· 1989-07-13 ·cited 8×
  The court held that the appellants' claims were not ripe for adjudication because neither the City nor the County had made a final, definitive decision rejecting their proposals for sewer service.
• Peduto v. City OF N. Wildwood
  878 F.2d 725· 3d Cir.· 1989-06-29 ·cited 8×
  Applying New Jersey's claim preclusion rules to bar federal claims previously litigated in state court does not violate due process if the state court provided a full and fair opportunity to litigate those claims.
• Fred and Bonita Bensch v. Metro. Dade Cnty.
  541 So. 2d 1329· Fla. 3d DCA· 1989-04-18 ·cited 8×
  The court held that the plaintiffs failed to properly allege a constitutional taking of their property due to zoning enactments or flooding, and thus their claims were properly dismissed.
• Doelle v. Mountain States Tel. & Tel.
  872 F.2d 942· 10th Cir.· 1989-04-13 ·cited 8×
  The court held that federal rules govern counterclaims in federal diversity cases, and that the district court did not abuse its discretion in allowing the condemnation counterclaim. However, the court reversed the award of equitable damages for shrubbery due to lack of legal bas
• New Port Largo, Inc. v. Monroe Cnty.
  706 F. Supp. 1507· S.D. Fla.· 1988-11-21 ·cited 8×
  The court held that res judicata did not bar the federal claims, but the § 1986 claim was time-barred. The continuing wrong doctrine may apply to the § 1983 and § 1985 claims.
• Racine v. United States
  858 F.2d 506· 9th Cir.· 1988-09-27 ·cited 8×
  The court held that the scenic easement permits construction of dude ranching structures in addition to one residence and one tenant dwelling, as the easement's language, read consistently with the incorporated regulation, allows for such necessary structures.
• Olaf A. Hallstrom and Mary E. Hallstrom v. Tillamook Cnty.
  844 F.2d 598· 9th Cir.· 1987-11-03 ·cited 8×
  The 60-day notice requirement of 42 U.S.C. § 6972(b) is procedural, not jurisdictional, and does not deprive the district court of jurisdiction if the action is filed before the 60 days have elapsed.
• Yates v. Jamison
  782 F.2d 1182· 4th Cir.· 1986-02-03 ·cited 8×
  The court held that the plaintiffs' due process claim must be dismissed because they have an adequate postdeprivation remedy under state law, specifically an action for inverse condemnation.
• Payne v. United States
  730 F.2d 1434· 11th Cir.· 1984-04-30 ·cited 8×
  The court held that the Government's decision not to conduct studies to identify potential erosion damage was a discretionary function, thus immune from liability under the FTCA.
• Armijo v. The United States
  663 F.2d 90· Ct. Cl.· 1981-10-21 ·cited 8×
  The court agrees that summary judgment should be denied because the date of taking, and thus the statute of limitations, cannot be determined without further fact development.
• Town OF Indialantic v. McNULTY
  400 So. 2d 1227· Fla. 5th DCA· 1981-04-29 ·cited 8×
  The Town of Indialantic appealed a circuit court decision invalidating its 25-50 foot ocean setback zoning ordinance as applied to McNulty's oceanfront property. The court reversed, holding that the ordinance is constitutional both facially and as applied because McNulty failed t
• Albrecht v. State
  407 So. 2d 210· Fla. 2d DCA· 1981-03-25 ·cited 8×
  Once an administrative agency action challenging a development permit denial becomes final through appellate review, res judicata bars a subsequent circuit court action for inverse condemnation based on the same administrative action, even when framed as a compensation claim rath
• Edwards Dairy, Inc. v. Pasco Water Auth., Inc.
  378 So. 2d 866· Fla. 2d DCA· 1979-12-21 ·cited 8×
  Edwards Dairy appealed a summary judgment dismissing its inverse condemnation claim against Pasco Water Authority for pipeline construction on leased property. The court reversed, holding that permission to enter land does not necessarily constitute consent to appropriate it, and
• Newport Invs., Inc. v. The City OF Laguna Beach
  564 F.2d 893· 9th Cir.· 1977-11-17 ·cited 8×
  The District Court did not abuse its discretion in issuing an abstention order, and the order was not erroneous for lacking specificity.
• Division OF Administration v. W. Palm Beach Garden Club
  352 So. 2d 1177· Fla. 4th DCA· 1977-07-26 ·cited 8×
  The Florida Department of Transportation appeals from a condemnation judgment awarding $644,275 for land taken and $1,700,000 in severance damages for Dreher Park in West Palm Beach. The court affirms the land value award but reverses the severance damages award, holding that mer
• Luedtke v. Cnty. OF Milwaukee
  521 F.2d 387· 7th Cir.· 1975-07-22 ·cited 8×
  The court held that a Fourteenth Amendment claim for damages against the county for property "taking" due to airport operations should be retained by the district court pending state inverse condemnation proceedings, but other claims were properly dismissed.
• United States v. 21.54 Acres OF Land
  491 F.2d 301· 4th Cir.· 1973-07-13 ·cited 8×
  The trial court erred by refusing to determine the factual location of the ordinary high water mark, as this determination is necessary to accurately describe the condemned land and does not interfere with the executive's discretionary power to determine the extent of the taking.
• Andros v. Rupp
  433 F.2d 70· 9th Cir.· 1970-10-30 ·cited 8×
  The court held that the action was not an unconsented suit against the sovereign because the defendant, a forest supervisor, lacked statutory authority to control land for which the plaintiff held uncontested title via patent and mesne conveyances.
• Davis v. United States
  295 F.2d 931· Ct. Cl.· 1961-11-01 ·cited 8×
  The court held that the government's low flights over private property, which diminished its value, constituted a taking of an easement of flight, even if the use was not completely destroyed.
• Crum v. Sumter Cnty.
  68 Fla. 122· Fla.· 1911-10-29 ·cited 8×
  This case involves a landowner suing Sumter County for damages caused by the county's road repair efforts. The county dug a canal to drain public roads, which increased the water flow in a natural creek, causing it to overflow and destroy the landowner's crops and property. The c
• Fla. Dep't of Agric. & Consumer Servs. v. Mahon
  293 So. 3d 1091· Fla. 5th DCA· 2020-04-08 ·cited 7×
  The Florida Department of Agriculture appeals a trial court order requiring it to present evidence first in a damages trial following a finding of an inverse condemnation taking. The appellate court dismisses the petition for certiorari because the Department failed to demonstrat
• Shands v. City of Marathon
  261 So. 3d 750· Fla. 3d DCA· 2019-01-02 ·cited 7×
  The Shands appealed a summary judgment in favor of the City of Marathon in an inverse condemnation case involving zoning and environmental regulations that allegedly deprived them of all or substantially all economic use of their island property. The trial court granted summary j
• Straub v. Vill. OF Wellington
  941 So. 2d 1269· Fla. 4th DCA· 2006-11-22 ·cited 7×
  The court held that a prior complaint's allegation regarding easement ownership is a legal conclusion insufficient to create a disputed issue of fact, and clear easement language is not rendered ambiguous by affidavits.
• Farris G. Millender v. Millender & Millender & Sons Seafood Co., Inc.
  774 So. 2d 767· Fla. 1st DCA· 2000-12-01 ·cited 7×
  Millender appealed a trial court judgment dismissing his inverse condemnation and injunctive relief action against the Florida Department of Transportation as barred by the statute of limitations. The court reversed, holding that both the continuing tort theory and the federal Di
• Saboff v. ST. John's River Water Mgmt. Dist.
  200 F.3d 1356· 11th Cir.· 2000-01-18 ·cited 7×
  The Saboffs sued the St. John's River Water Management District in state court for inverse condemnation and state constitutional violations, which were dismissed. After the state appeal was denied, they filed federal claims in district court based on the same facts. The Eleventh
• Dep't OF Corr. v. Ross
  680 So. 2d 622· Fla. 5th DCA· 1996-10-11 ·cited 7×
  The Department of Corrections appealed the trial court's denial of its motion to transfer venue from Volusia County to Leon County in a breach of contract suit filed by William L. Ross, Jr. The court reversed, holding that the home venue privilege applies to state agencies and th
• City OF ST. Petersburg v. Bowen
  675 So. 2d 626· Fla. 2d DCA· 1996-05-22 ·cited 7×
  The City of St. Petersburg closed a rental apartment building for one year through its Nuisance Abatement Board to combat drug use, and the property owner sued for inverse condemnation. The court held that depriving an owner of all economically beneficial use of property constitu
• City OF KEY W. v. Berg
  655 So. 2d 196· Fla. 3d DCA· 1995-05-24 ·cited 7×
  The City of Key West appealed an interlocutory order from a bench trial in which the trial court found liability on a regulatory taking claim. The appellate court reversed, holding that the plaintiff's regulatory taking claim was not ripe for judicial determination because the pl
• Aphrodite E. Karatinos and Nicholas E. Karatinos v. Town OF Juno Beach
  621 So. 2d 469· Fla. 4th DCA· 1993-04-14 ·cited 7×
  The Karatinos, who owned oceanfront property, sued the Town of Juno Beach for damages, alleging the town wrongfully prevented them from building on their property from 1982 to 1985. The court affirmed judgment for the town, finding that even if the town acted improperly, the Flor
• Hendler v. The United States
  952 F.2d 1364· Fed. Cir.· 1991-12-31 ·cited 7×
  The dismissal sanction was improvidently granted and is reversed; the partial summary judgment regarding the State of California's actions is also reversed; and judgment is ordered for plaintiffs on the physical occupation taking claim.
• Corn v. City of Lauderdale Lakes
  771 F. Supp. 1557· S.D. Fla.· 1991-08-30 ·cited 7×
  The court held that the city acted arbitrarily and capriciously in denying the plaintiff's development plan, constituting a violation of substantive due process, and that the plaintiff had a constitutionally protected property interest.