PB SURF, LTD., AND DAVID A. BRANNEN, APPELLANTS,

v.

BEACH COMMUNITY BANK, RFP, LLC, A FLORIDA LIMITED LIABILITY COMPANY, APPELLEE

Citator

Cited By

• The Town OF Ponce Inlet v. Pacetta, LLC, 226 So. 3d 303 (Fla. 5th DCA 2017)
  …ion 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)). A regulatory taking can be either total or partial. In a “total” or “per se” taking, the government’s regulations effectively deny a…
• Caribbean Condo. v. The City OF Flagler Beach, 178 So. 3d 426 (Fla. 5th DCA 2015)
  …trial court ultimately entered [*427] judgment in favor of the City after determining that there had been no tailing of Appellants’ property* The trial, court’s judgment was affirmed in all respects. Ocean Palm Golf P'ship v. City of Flagler Beach, 139 So. 3d 463 (Fla. 6th DCA. 2014), review denied, 160 So. 3d 897 (Fla.2015). While the appeal was pending, the City filed its motion for attorney’s fees and costs. The trial court properly awarded the City attorney’s fees for time expended in successfully defen…
• Lake Lincoln, LLC v. Manatee Cnty. (Fla. 2d DCA 2023)
  …Corp. v. United States, 707 F. 3d 1286, 1292 (Fed. Cir. 2013) (quoting Lucas, 505 U.S. at 1018). Before performing a takings analysis, the court must determine the subject of the alleged taking. Ocean Palm Golf Club P'ship v. City of Flagler Beach, 139 So. 3d 463, 468 n.7 (Fla. 5th DCA 2014); see also Murr v. Wisconsin, 137 S. Ct. 1933, 1943 (2017) ("This case presents a question that is linked to the ultimate determination whether a regulatory taking has occurred: What is the proper unit of property against…

Authorities Cited

• Beach Cmty. Bank v. First Brownsville Co., 85 So. 3d 1119 (Fla. 1st DCA 2012)