ORSBURN

v.

UNITED STATES

Citator

Cited By (13 total)

• Dep't OF Transp. v. Weisenfeld, 617 So. 2d 1071 (Fla. 5th DCA 1993)
  …t domain. The failure to distinguish between these two abuses of government power contributed to the confusion and appar- ' ent incoherence of taking law. Wiseman, supra, at 438. Eide v. Sarasota County, 908 F. 2d 716 (11th Cir.1990), cert. denied, 498 U.S. 1120, 111 S.Ct. 1073, 112 L.Ed.2d 1179 (1991) (dividing theories into three: just compensation, due process takings and arbitrary and capricious due process). Uncertainty in this area may stem from the way the word “invalid” is used in the cases. Appare…
• City OF Pompano Beach v. Yardarm Rest., Inc., 641 So. 2d 1377 (Fla. 4th DCA 1994)
  …exercise of police power causes damage not amounting to a “taking,” the claim is for a violation of substantive due process and the remedy is monetary damages. See e.g., Eide v. Sarasota County, 908 F. 2d 716, 720-722 (11th Cir.1990), cert. denied, 498 U.S. 1120, 111 S.Ct. 1073, 112 L.Ed.2d 1179 (1991). See also Tampa-Hillsborough County v. A.G.W.S., 608 So. 2d 52, 57 (Fla. 2d DCA 1992) (Altenbernd, J., dissenting). An example of the correct legal analysis applicable to this kind of case can be found in Be…
• Taylor v. Vill. OF N. Palm Beach, 659 So. 2d 1167 (Fla. 4th DCA 1995)
  …se or single family residence provision of the plan and thus, had exhausted all administrative remedies. The Reahard court reaffirmed the ripeness requirement set forth in Eide v. Sarasota County, 908 F. 2d 716, 720-21 (11th Cir.1990), cert. denied, 498 U.S. 1120, 111 S.Ct. 1073, 112 L.Ed.2d 1179 (1991), noting that the “impact and interference [with investment-backed expectations] cannot be ascertained until the local authority has determined the nature and extent of the development that will be permitted.”…