Inverse Condemnation

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

• Hy Steinberg v. City OF Sunrise
  545 So. 2d 424· Fla. 4th DCA· 1989-06-14 ·cited 7×
  The appellate court reversed an award of attorney's fees to the defendants, holding that the plaintiff was the prevailing party for the purpose of attorney's fees under 42 U.S.C. § 1988, despite succeeding only on a state inverse condemnation claim after their federal civil right
• Leeds v. City OF Homestead
  407 So. 2d 920· Fla. 3d DCA· 1981-11-17 ·cited 7×
  In an eminent domain case, the trial court denied Leeds' request to recover engineer expert witness fees as costs. The appellate court affirmed, holding that because the engineer's testimony addressed damages from the faulty construction of a sewerage lift station (a tort claim)
• Walker v. State of Fla. Dep't OF Transp.
  252 So. 2d 255· Fla. 1st DCA· 1971-09-09 ·cited 7×
• Highlands-In-The-Woods, L.L.C. v. Polk Cnty.
  217 So. 3d 1175· Fla. 2d DCA· 2017-04-28 ·cited 6×
  Highlands-In-The-Woods challenged Polk County's permit conditions requiring installation and dedication of a reclaimed water system for a 60-lot subdivision, claiming the exactions constituted an unlawful taking. The Florida District Court of Appeal affirmed summary judgment for
• Teitelbaum v. S. Fla. Water Mgmt. Dist.
  176 So. 3d 998· Fla. 3d DCA· 2015-09-30 ·cited 6×
  Property owners in the Bird Drive Basin appealed a summary judgment dismissing their inverse condemnation and constitutional takings claims based on a theory of "condemnation blight." The court held that while condemnation blight is relevant to valuation in established taking cas
• Alachua Land Invs., LLC v. City OF Gainesville
  107 So. 3d 1154· Fla. 1st DCA· 2013-01-31 ·cited 6×
  Alachua Land Investors (ALI) appealed a trial court judgment dismissing its inverse condemnation action against the City of Gainesville on ripeness grounds. The court held that ALI's takings claim was not yet ripe because ALI failed to submit a meaningful application to the City
• ST. Johns River Water Mgmt. Dist. v. Coy A. Koontz, Jr.
  861 So. 2d 1267· Fla. 5th DCA· 2003-12-17 ·cited 6×
  The St. Johns River Water Management District appealed a trial court judgment finding that the District's denial of a permit constituted an unreasonable exercise of police power amounting to inverse condemnation. The appellate court dismissed the appeal for lack of jurisdiction,
• City OF N. Miami Beach v. Reed
  863 So. 2d 351· Fla. 3d DCA· 2003-09-24 ·cited 6×
  The City of North Miami Beach appealed an attorney's fee award in an inverse condemnation case where property owners successfully challenged the elimination of vehicular access to their properties. The court affirmed the fee award but reversed the application of a 2.0 contingency
• Bradfordville Phipps Ltd. P'ship v. Leon Cnty.
  804 So. 2d 464· Fla. 1st DCA· 2001-11-26 ·cited 6×
  Bradfordville Phipps Limited Partnership challenged an injunction that prohibited Leon County from issuing development permits in the Bradfordville Study Area, alleging an inverse condemnation claim. The court affirmed the trial court's summary judgment for the County, holding th
• Dep't OF Env't Prot. v. Leisa Youel
  787 So. 2d 923· Fla. 5th DCA· 2001-05-17 ·cited 6×
  The court held that the trial court erred in finding a temporary taking because the plaintiff failed to establish the necessary elements of equitable estoppel against the state.
• City OF Dania Beach v. Konschnik
  763 So. 2d 555· Fla. 4th DCA· 2000-08-02 ·cited 6×
  The City of Dania Beach appealed a temporary injunction order requiring it to reopen an alleyway behind the Konschniks' property. The trial court granted the injunction despite finding no irreparable harm, reasoning that the alleyway's reopening was necessary for the appellees' b
• Hernando Cnty. v. Rodger L. Anderson and Hal K. Yeager
  737 So. 2d 569· Fla. 5th DCA· 1999-06-11 ·cited 6×
• VLX Props., Inc. v. S. States Utils., Inc.
  701 So. 2d 391· Fla. 5th DCA· 1997-11-07 ·cited 6×
  VLX Properties appeals a trial court judgment denying its inverse condemnation claim against Southern States Utilities for unauthorized discharge of reclaimed water into a jointly-owned pond. The court reversed on the pond issue, finding VLX stated a cognizable inverse condemnati
• Dep't OF Env't Prot. v. Gibbins
  696 So. 2d 888· Fla. 5th DCA· 1997-06-13 ·cited 6×
  The Florida Department of Environmental Protection appealed an award of attorney's fees to a property owner who defeated DEP's efforts to access his land for petroleum contamination investigation. The court held that DEP's administrative order and injunction petition did not cons
• Sarasota Cnty. v. EX
  645 So. 2d 7· Fla. 2d DCA· 1994-08-03 ·cited 6×
  Sarasota County appeals a judgment awarding the Exes $23,800 plus interest for land they deeded to the county in 1983 under protest during the permitting process. The court reverses, holding that because the Exes validly transferred title to the county by deed, their claim for ad
• Alexander v. Town OF Jupiter
  640 So. 2d 79· Fla. 4th DCA· 1994-05-11 ·cited 6×
  A property owner sought compensation for a temporary taking when a town denied all development permits on her island property for two years while resolving an inconsistency between its comprehensive plan and zoning ordinance. The court held that the temporary taking claim was rip
• Martin v. City OF Monticello
  632 So. 2d 236· Fla. 1st DCA· 1994-02-18 ·cited 6×
  Thomas and Carolyn Martin appealed a circuit court order finding that the City of Monticello had taken only an easement to discharge treated sewage effluent onto their 190.5-acre wetland property. The appellate court reversed, holding that the continuous discharge of over one inc
• Levald, Inc. v. City OF Palm Desert
  998 F.2d 680· 9th Cir.· 1993-07-08 ·cited 6×
  The court held that Levald's facial takings claim is barred by the statute of limitations, and its as-applied takings claim is not ripe because Levald failed to seek compensation in state court. The substantive due process claim was properly dismissed.
• Davey Compressor Co. v. City OF Delray Beach
  613 So. 2d 60· Fla. 4th DCA· 1993-01-06 ·cited 6×
  Davey Compressor Company contaminated the City of Delray Beach's groundwater with toxic solvents, resulting in a jury verdict awarding $8.7 million in damages. The appellate court affirmed the award of past damages but reversed and remanded the future damages award, holding that
• Lockary v. Kayfetz
  974 F.2d 1166· 9th Cir.· 1992-09-09 ·cited 6×
  The court held that a district court may use its inherent power to sanction a legal foundation for misconduct, even if not covered by Rule 11 or § 1927, and affirmed sanctions for failure to plead with specificity and for frivolous antitrust claims. It reversed sanctions for the
• The Bd. OF Trs. OF The Internal Improvement Tr. Fund v. C.G. Schindler, Jr.
  604 So. 2d 569· Fla. 2d DCA· 1992-08-28 ·cited 6×
  The Board of Trustees of the Internal Improvement Trust Fund appeals a partial summary judgment finding it liable for inverse condemnation of wetland property. The court reverses, holding that summary judgment was improper because the trial court failed to address the Board's aff
• Lake Lucerne Civic Ass'n v. Dolphin Stadium Corp.
  801 F. Supp. 684· S.D. Fla.· 1992-07-31 ·cited 6×
  The court held that homeowner associations have standing for injunctive relief but not compensatory damages, and denied motions to dismiss based on indispensable parties and Eleventh Amendment immunity, while granting in part motions to strike allegations previously adjudicated.
• Azul Pacifico v. City OF LOS Angeles
  948 F.2d 575· 9th Cir.· 1991-11-01 ·cited 6×
  The court held that the city's vacancy control ordinance effected a physical taking of mobile home park owners' property without just compensation, but the plaintiff's § 1983 claim was time-barred.
• McDOUGAL v. Cnty. OF Imperial
  942 F.2d 668· 9th Cir.· 1991-08-20 ·cited 6×
  The court held that California's one-year statute of limitations for personal injury actions applies to federal civil rights claims under 42 U.S.C. §§ 1983 and 1985(3). The court reversed dismissal of the inverse condemnation claim, finding that a legitimate regulatory purpose do
• Schnuck v. City OF Santa Monica
  935 F.2d 171· 9th Cir.· 1991-06-04 ·cited 6×
  The court held that the plaintiff's takings claim was not ripe because she failed to seek compensation through available state procedures, and her due process and equal protection claims failed because the rent control law was a rational means to achieve legitimate governmental p
• Dep't of Agric. & Consumer Servs. v. Schick
  580 So. 2d 648· Fla. 1st DCA· 1991-04-29 ·cited 6×
  The Department of Agriculture and Consumer Services appeals an attorney's fee award in an inverse condemnation case, challenging the trial court's application of a Rowe risk multiplier. The court reverses the fee award, holding that contingency risk multipliers cannot be applied
• Whitney Benefits, Inc. v. The United States
  926 F.2d 1169· Fed. Cir.· 1991-02-26 ·cited 6×
  The court affirmed the summary judgment for the second attorney, holding that the statute of limitations for legal malpractice against the first attorney had not yet run when the second attorney was sued for failing to inform the client of the cause of action.
• Sarasota-Manatee Airport Auth. v. Icard
  567 So. 2d 937· Fla. 2d DCA· 1990-09-07 ·cited 6×
  The Sarasota-Manatee Airport Authority appealed a partial summary judgment finding that jet aircraft overflights constituted a taking of an avigational easement over the appellees' property. The court reversed, holding that under Florida law, a taking through inverse condemnation
• Leslie Salt Co. v. United States
  896 F.2d 354· 9th Cir.· 1990-02-06 ·cited 6×
  The court held that the district court correctly determined that seasonal crystallizers and pits, lacking a hydrological connection to other waters, are not 'other waters' under the Clean Water Act.
• T.J. Fountain, Jr. v. Metro. Atlanta Rapid Transit Auth.
  849 F.2d 1412· 11th Cir.· 1988-07-21 ·cited 6×
  The court held that Fountain's federal inverse condemnation claims were precluded by the doctrine of collateral estoppel because the issue of whether a 'taking' occurred was actually litigated and determined in the prior state court proceedings.
• Culebras Enters. Corp. v. Rivera-Rios
  846 F.2d 94· 1st Cir.· 1988-05-09 ·cited 6×
  The court held that attorneys who performed pretrial legal services while known to be potential witnesses did not violate the advocate-witness rule under the applicable Model Rules of Professional Conduct and are eligible for attorneys' fees under 42 U.S.C. § 1988.
• Clifford Y.C. LAI and Victoria L. Lai v. City & Cnty. OF Honolulu
  841 F.2d 301· 9th Cir.· 1988-03-07 ·cited 6×
  The court held that the Lais' inverse condemnation claim was not ripe because they failed to seek a variance from the zoning ordinance and pursue state compensation procedures.
• Graham v. Teledyne-Continental Motors
  805 F.2d 1386· 9th Cir.· 1986-12-10 ·cited 6×
  The court held that the NTSB did not abuse its discretion in denying the estate's representative participation in the engine teardown investigation, nor did it violate due process.
• City OF Gainesville v. Scotty's, Inc.
  489 So. 2d 1196· Fla. 1st DCA· 1986-06-04 ·cited 6×
  The City of Gainesville sought review of an order compelling municipal commissioners to answer discovery questions about their motives for voting on zoning changes. The court held that commissioners' motives in enacting legislative zoning ordinances are irrelevant and not subject
• Div. OF Admin. State of Fla. Dep't OF Transp. v. Ideal Holding Co. & John R. King
  480 So. 2d 243· Fla. 4th DCA· 1985-12-31 ·cited 6×
  The State of Florida appealed an order awarding attorney's fees and costs to property owners in a condemnation proceeding under Chapter 73, Florida Statutes. The owners successfully defended against the State's condemnation action by filing a counterclaim for inverse condemnation
• Yachts Am., Inc. v. The United States
  779 F.2d 656· Fed. Cir.· 1985-12-09 ·cited 6×
  The court affirmed the Claims Court's denial of Yachts America's claims for compensation, finding no error in the prior decisions regarding ownership, business taking, leasehold taking, implied contract, inverse condemnation, or the denial of a Rule 60(b) motion.
• Pearl Inv. Co. v. City & Cnty. OF SAN Francisco
  774 F.2d 1460· 9th Cir.· 1985-10-29 ·cited 6×
  The court held that the district court did not abuse its discretion in abstaining under the Pullman doctrine, as the case presented a sensitive area of social policy with uncertain state law issues that could avoid federal constitutional adjudication.
• ST. Genevieve GAS Co., Inc. v. Tenn. Valley Auth.
  747 F.2d 1411· 11th Cir.· 1984-12-05 ·cited 6×
  The court held that while the mineral leases had no commercial value, the government's taking of these leases entitled the owner to nominal damages because the right to exclude others is a legal entitlement.
• Hamilton Bank OF Johnson City v. Williamson Cnty. Reg'l Planning Comm'n
  729 F.2d 402· 6th Cir.· 1984-03-07 ·cited 6×
  The court held that the effects of the defendants' actions did not constitute a taking requiring compensation, and even a temporary deprivation of investment-backed expectations does not establish an entitlement to damages.
• Young v. Palm Beach Cnty.
  443 So. 2d 450· Fla. 4th DCA· 1984-01-11 ·cited 6×
  Oliver Young appealed the dismissal of his inverse condemnation claim against Palm Beach County for noise damage to his residential property from aircraft operations at Palm Beach International Airport. The court reversed the dismissal, holding that Young adequately alleged a cau
• Division of Administration v. Mobile GAS Co., Inc.
  427 So. 2d 1024· Fla. 1st DCA· 1983-02-16 ·cited 6×
  The Florida District Court of Appeal affirmed a trial court's order that determined the Department of Transportation (DOT) was liable for damages due to its failure to construct an access road as promised during a prior eminent domain proceeding. The court found that the subseque
• Florio v. City OF Miami Beach
  425 So. 2d 1161· Fla. 3d DCA· 1983-01-04 ·cited 6×
  Landowners challenged inclusion of their property in a municipal redevelopment area, claiming inverse condemnation for a 'taking.' The court affirmed dismissal, holding that inclusion in a redevelopment area does not constitute a taking where the landowner retains the ability to
• United States v. 3
  619 F.2d 288· 3d Cir.· 1980-04-23 ·cited 6×
  The court held that the government's condemnation of surface land, while exempting subsurface mineral interests, did not constitute a taking of those interests, and thus the jury should not have been allowed to award damages for them.
• Farmland Pres. Ass'n v. Goldschmidt
  611 F.2d 233· 8th Cir.· 1979-12-10 ·cited 6×
  The court held that the Environmental Impact Statement (EIS) adequately discussed the 'no action' and 'less than Interstate' alternatives, and that judicial review is limited to ensuring the EIS meets NEPA requirements and agency action is not arbitrary.
• Richmond Elks Hall Ass'n v. Richmond Redev. Agency
  609 F.2d 383· 9th Cir.· 1979-12-06 ·cited 6×
  The court held that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and its implementing regulation, do not apply retroactively to property acquisitions that occurred before January 2, 1971, thus reversing an award of litigation expenses.
• State of Fla. Dep't OF Natural Res. v. Hudson Pulp & Paper Corp.
  363 So. 2d 822· Fla. 1st DCA· 1978-09-18 ·cited 6×
  The Florida Department of Natural Resources sought to condemn subsurface oil, gas, and mineral rights owned by Ford through eminent domain to preserve a freshwater recharge area. The trial court granted Ford's summary judgment for full compensation based on his alleged ownership
• Mirin v. The State OF Nev. on relation of its Pub. Serv. Comm'n
  547 F.2d 91· 9th Cir.· 1976-10-22 ·cited 6×
  The court held that the District Court had subject matter jurisdiction and that the appellants' claims were barred by the doctrine of res judicata due to prior litigation.
• Castellano v. Dade Cnty.
  45 Fla. Supp. 106· Fla. Cir. Ct.· 1976-09-07 ·cited 6×
  Plaintiff challenged Dade County's Comprehensive Development Master Plan (CDMP) as an inverse condemnation of his property by placing it in an Environmental Sensitivity Zone, precluding high-density development. The court held that adoption of a comprehensive plan is an exercise
• Travis v. Dep't OF Transp.
  333 So. 2d 86· Fla. 1st DCA· 1976-06-09 ·cited 6×
  Appellants' inverse condemnation claim for damages caused by an acceleration lane constructed on the Department of Transportation's adjacent property was properly dismissed because no taking of their property occurred.
• The Town OF E. Haven v. E. Airlines, Inc.
  470 F.2d 148· 2d Cir.· 1972-11-22 ·cited 6×
  The court held that the City must pay for the easements it has already taken, affirming the lower court's damage award for the present invasion of property rights.