EMINENT DOMAIN - FLORIDA

Shands v. City of Marathon

District Court of Appeal of Florida, Third District - January 2, 2019 - 261 So.3d 750 - 44 Fla. L. Weekly D164

Landowners brought suit against city for inverse condemnation of island property.

City moved for summary judgment, which was stayed pending a decision on another case before the Circuit Court and was ultimately granted. Landowners appealed.

The District Court of Appeal held that genuine issues of material fact regarding valuation of Residential Rate of Growth Ordinance (ROGO) points for property precluded summary judgment on landowners’ as applied takings claim against city in inverse condemnation action.



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