ITCO PROPERTIES, INC., A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, PETITIONER,
v.
TOWN OF HIGHLAND BEACH, A MUNICIPALITY INCORPORATED UNDER THE LAWS OF THE STATE OF FLORIDA, ETC., RESPONDENT
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GUNTHER, Judge.
ITCO petitions this court for a writ of certiorari to review the circuit court’s order dated November 13, 1985, wherein the court denied ITCO’s petition for writ of certiorari. Acting in its appellate capacity, the circuit court reviewed the denial of ITCO’s application for a variance from the Moratorium Variance Board of the Town of Highland Beach.
During the pendency of these appellate proceedings challenging the correctness of the agency action, ITCO has filed a separate action in circuit court against the Town of Highland Beach for inverse condemnation. The two remedies of appeal and inverse condemnation cannot be simultaneously pursued. Janson v. City of St. Augustine, 468 So. 2d 329, 330 (Fla. 5th DCA 1985). Thus, ITCO’s right to appeal the agency action through administrative and judicial channels has been extinguished, id., and we deny the writ of certiorari.
LETTS and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Pace v. Bd. OF Adjustment, 492 So. 2d 412 (Fla. 4th DCA 1986)…of appeal and inverse condemnation cannot be simultaneously pursued.” Janson v. City of St. Augustine, 468 So. 2d 329, 330 (Fla. 5th DCA 1985) (emphasis in original). This court has followed Janson in Itco Properties, Inc. v. Town of Highland Beach, 485 So. 2d 47 (Fla. 4th DCA 1986). The petitioner anticipated these holdings by filing the administrative appeal against the town and the action for inverse condemnation against the state. The state responded by filing a motion to dismiss the inverse condemnation…
Authorities Cited
- Janson v. The City OF ST. Augustine, 468 So. 2d 329 (Fla. 5th DCA 1985)