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6 Florida opinions name it 1 courts 2001–2017 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lost Tree Village Corp. v. City of Vero Beachgreen2 sentences2017Reg'l Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172, 186 (1985)). "[A] landowner may not establish a taking before a land-use authority has the opportunity, using its own reasonable procedures, to decide and explain the reach of a challenged regulation." Id. at 620; see also Lost Tree, 838 So. 2d at 573 ("In order to succeed in stating an as-applied takings claim, Lost Tree must show that it obtained a final decision on the permitted use of the land . . . ."). 2010Lost Tree Village, 838 So.2d at 573 (Fla. 4th DCA 2002) (emphasis added) (citations omitted). | 2 | 2 |
Williamson County Regional Planning Commission v. Hamilton Bank of Johnson Cityred1 sentence2017Reg'l Planning Comm'n v. Hamilton Bank of Johnson City, 473 U.S. 172, 186 (1985)). "[A] landowner may not establish a taking before a land-use authority has the opportunity, using its own reasonable procedures, to decide and explain the reach of a challenged regulation." Id. at 620; see also Lost Tree, 838 So. 2d at 573 ("In order to succeed in stating an as-applied takings claim, Lost Tree must show that it obtained a final decision on the permitted use of the land . . . ."). | 1 | 1 |
Palazzolo v. Rhode Islandgreen2 sentences2002See, generally, Palazzolo, 533 U.S. at 622 , 121 S.Ct. 2448 ; Taylor v. Riviera Beach, 801 So.2d at 263 . 2002See, generally, Palazzolo, 533 U.S. at 622 , 121 S.Ct. 2448 ; Taylor v. Riviera Beach, 801 So.2d at 263 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Collins v. Monroe County
green
2 sentences2013On appeal, we reversed since the Landowners’ claims were “properly brought as as-applied challenges to the application of the Monroe County land use regulations to specific parcels of property.” Id. at 715 . 2013The trial court eventually granted summary judgment against the Landowners, finding that the “ ‘BUD petitions do not constitute the meaningful applications necessary to ripen an as-applied takings claim,’ and that, ‘the claims must be treated in this case as facial takings claims.’ ” Id. at 713 . | 1 | 2013–2013 |
Shands v. City of Marathon
green
1 sentence2010In Shands v. City of Marathon, 999 So.2d 718 (Fla. 3d DCA 2008), we stated that *935 An as-applied takings claim challenging the- application of a land use ordinance is not ripe until the plaintiff has obtained a final decision regarding the application of the regulations to the plaintiffs property. | 1 | 2010–2010 |
Taylor v. City of Riviera Beach
green
1 sentence2002See, generally, Palazzolo, 533 U.S. at 622 , 121 S.Ct. 2448 ; Taylor v. Riviera Beach, 801 So.2d at 263 . | 1 | 2002–2002 |
CITY OF RIVIERA v. Shillingburg
green
1 sentence2001As this court noted in Shillingburg , "Any analysis in an as-applied regulatory taking claim must start with the threshold question of ripeness: Has there been a final decision from the appropriate governmental entity as to the nature and extent of the development that will be permitted?" Shillingburg, 659 So.2d at 1180 . | 1 | 2001–2001 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.