green
Positive treatment
12.8 score
Top citers, strongest first. 3 distinct citers.
discussed
Cited as authority (rule)
ORLANDO BAR GROUP, LLC D/B/A THE BASEMENT, THE ATTIC AND THE TREEHOUSE vs RON DESANTIS, IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE STATE OF FLORIDA, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ET AL.
X, § 6, Fla. Const.2 “Inverse condemnation is a cause of action by a property owner to recover the value of property that has been de facto taken by an agency having the power of eminent domain where no formal exercise of that power has been undertaken.” Ocean Palm Golf Club P’ship v. City of Flagler Beach, 139 So. 3d 463, 471 (Fla. 5th DCA 2014) (quoting Osceola Cnty. v. Best Diversified, Inc., 936 So. 2d 55 , 59–60 (Fla. 5th DCA 2006)).
discussed
Cited as authority (rule)
ORLANDO BAR GROUP, LLC D/B/A THE BASEMENT, THE ATTIC AND THE TREEHOUSE vs RON DESANTIS, IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE STATE OF FLORIDA, FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ET AL.
X, § 6, Fla. Const.2 “Inverse condemnation is a cause of action by a property owner to recover the value of property that has been de facto taken by an agency having the power of eminent domain where no formal exercise of that power has been undertaken.” Ocean Palm Golf Club P’ship v. City of Flagler Beach, 139 So. 3d 463, 471 (Fla. 5th DCA 2014) 1 Appellants’ claim for declaratory relief was also dismissed with prejudice.
discussed
Cited as authority (rule)
Town of Ponce Inlet v. Pacetta, LLC
Instead, Pacetta asserted that Town’s actions resulted in an inverse condemnation of its properties, which is defined as “a cause of action by a property owner to recover the value of property that has been de facto taken by an agency having the power, of eminent domain where no formal exercise of that power has been undertaken.” Ocean Palm Golf Club P’ship v. City of Flagler Beach, 139 So.3d 463, 471 (Fla. 5th DCA 2014) (quoting Osceola Cty. v. Best Diversified, Inc., 936 So.2d 55, 59-60 (Fla. 5th DCA 2006)).
PB SURF, LTD., and David A. Brannen
v.
BEACH COMMUNITY BANK, RFP, LLC, A Florida Limited Liability Company
v.
BEACH COMMUNITY BANK, RFP, LLC, A Florida Limited Liability Company
No. 1D13-4852.
District Court of Appeal of Florida, Sixth District.
May 29, 2014.
Robert 0. Beasley and Phillip A. Pugh of Livtak, Beasley & Wilson, LLP, Pensacola, for Appellants., Charles F. Beall, Jr., and Yancey F. Langston of Moore, Hill & Westmoreland, Pensacola, for Appellee.
Clark, Nortwick, Roberts.
Published
AFFIRMED. See Beach Cmty. Bank v. First Brownsville Co., 85 So.3d 1119 (Fla. 1st DCA 2012) (finding sufficient evidence to support a deficiency judgment where the expert appraiser testified that, although his appraisal had been performed six weeks after the foreclosure sale, the value of the property was the same, and that expert’s testimony was uncontrovert-ed).