NATIONAL BULK CARRIERS, INC., A DELAWARE CORPORATION, PETITIONER,
v.
DADE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, RESPONDENT
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National Bulk Carriers challenged Dade County's denial of its dredge and fill permit and downzoning of its property. The Third District Court of Appeal held that the circuit court erred by requiring NBC to file a separate inverse condemnation action, when the circuit court itself had statutory authority and obligation to determine whether the County's actions constituted a taking without just compensation.
The circuit court departed from the essential requirements of law by failing to rule on the inverse condemnation issue. Under Florida Statutes section 373.617(2), circuit court review of agency action regarding a permit must include determining whether the final agency action constitutes a taking without just compensation. The circuit court was the proper forum to resolve the inverse condemnation issue and erred in requiring NBC to file a separate action.
[1] A circuit court reviewing agency action regarding a permit must determine whether the agency's final action constitutes an unreasonable exercise of police power resulting…
[2] A circuit court errs by requiring a separate action for inverse condemnation when the review statute mandates resolution of the taking issue within the permit review.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 373.-617(2), Florida Statutes (1981), provides that circuit court review of agency action with respect to a permit 'shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation.'”
Establishes the statutory authority and obligation of circuit courts to determine inverse condemnation claims in permit review proceedings
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Join FLexlaw to unlock all legal intelligenceNational Bulk Carriers applied for a dredge and fill permit to excavate and fill its property. Dade County denied NBC's application for the permit and…
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PER CURIAM.
Petitioner, National Bulk Carriers (NBC), seeks certiorari review of an order of the Dade County Circuit Court rendered in its appellate capacity. The order, which affirmed, without prejudice to NBC to file a separate inverse condemnation action, the decision of the Dade County Board of Commissioners (Board) to deny NBC’s application for a dredge and fill permit and grant the County’s application to downzone the property from “heavy industrial” to “open space,” states:
The denial by the Appellees of the application for an unusual use permit for excavation and filling of Appellant[’]s property was correct; as was the granting of the application for a district boundary change filed by the County’s professional staff. Both actions are affirmed. However, nothing in the County’s action approved here or in this opinion shall be construed as a denial of the Appellant’s right to claim, in a separate action, that the actions taken by the County constituted a taking of Appellant’s property for a public purpose without compensation.
We have jurisdiction. Fla.R.App.P. 9.030(b)(2)(B).
Based upon careful examination of the briefs, record and argument in this case, we agree with the parties that the Circuit Court departed from the essential requirements of law in failing to rule on the inverse condemnation issue.
Section 373.-617(2), Florida Statutes (1981), provides that circuit court review of agency action with respect to a permit “shall be confined solely to determining whether final agency action is an unreasonable exercise of the state’s police power constituting a taking without just compensation.” See also Kasser v. Dade County, 344 So. 2d 928 (Fla. 3d DCA 1977). As the proper forum for resolution of this issue, the Circuit Court erred in requiring NBC to file a separate action.
Accordingly, we grant the writ, quash that portion of the order allowing NBC to maintain a separate action, and remand the case to the Circuit Court for a determination of whether the Board’s action constitutes a taking without just compensation. Sec. 373.617(3), Pla.Stat. If the court so determines, it shall remand the matter to the Board for further action in accordance with section 373.617(3). The remainder of the Circuit Court’s order is affirmed.
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Citator
Cited By
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Dade Cnty. v. Nat'l Bulk Carriers, Inc., 450 So. 2d 213 (Fla. 1984)…ADKINS, Justice. This case is before the Court for review of the decision of the Third District Court of Appeal which is reported at 419 So. 2d 697 (Fla. 3d DCA 1982). This case conflicts with City of Miami Beach v. Lachman, 71 So. 2d 148 (Fla.1953), appeal dismissed, 348 U.S. 906, 75 S.Ct. 292, 99 L.Ed. 711 (1955), and Mailman Development Corp. v. City of Hollywood, 286 So. 2d 614 (Fla. 4th DC…
Authorities Cited
- Kasser v. Dade Cnty., 344 So. 2d 928 (Fla. 3d DCA 1977)