MARGATE COMMUNITY REDEVELOPMENT AGENCY AND CITY OF MARGATE
v.
NEW URBAN COMMUNITIES, LLC
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Tort claims against a municipality arising from the denial of a land use plan amendment are barred by sovereign immunity because such denial is a discretionary governmental function not subject to the waiver of sovereign immunity under Florida Statutes section 768.28.
[1] A municipality's denial of a land use plan amendment constitutes a discretionary governmental function protected by sovereign immunity and not subject to waiver under Flo…
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Join FLexlaw to unlock all legal intelligence“the waiver of sovereign immunity in section 768.28, Florida Statutes, does not extend to 'discretionary governmental functions'”
Court citing Commercial Carrier Corp. v. Indian River County regarding the scope of sovereign immunity waiver
NEW Urban Communities, LLC sued the City of Margate and the Margate Community Redevelopment Agency, asserting two tort claims premised on the denial o…
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PER CURIAM.
We reverse the trial court’s non-final order denying the Appellants’ motions to dismiss. We agree with the Appellants that the two tort claims at issue are barred by sovereign immunity because they are premised on the denial of a land use plan amendment, which is a discretionary governmental function. See Com. Carrier Corp. v. Indian River Cty., 371 So. 2d 1010, 1020 (Fla. 1979) (recognizing that the waiver of sovereign immunity in section 768.28, Florida Statutes, does not extend to “discretionary governmental functions”); Trianon Park Condo. Ass'n, Inc. v. City of Hialeah, 468 So. 2d 912, 919 (Fla. 1985) (“Clearly, the legislature, commissions, boards, city councils, and executive officers, by their enactment of, or failure to enact, laws or regulations, or by their issuance
2
of, or refusal to issue, licenses, permits, variances or directives, are acting pursuant to basic governmental functions performed by the legislative or executive branches of government.”); City of Pembroke Pines v. Corr. Corp. of Am., Inc., 274 So. 3d 1105, 1113 (Fla. 4th DCA 2019) (recognizing case law “applying sovereign immunity to bar recovery of economic damages against a municipality for the denial of a development application”).
We remand for the trial court to grant the motions to dismiss and dismiss the two tort counts at issue.
Reversed and remanded with directions. GROSS, GERBER and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Commercial Carrier Corp. v. Indian River Cnty., 371 So. 2d 1010 (Fla. 1979)
- Trianon Park Condo. Ass'n, Inc. v. City OF Hialeah, 468 So. 2d 912 (Fla. 1985)
- City of Pembroke Pines v. Corr. Corp. of Am., Inc., 274 So. 3d 1105 (Fla. 4th DCA 2019)