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Collins, et al., vs. Monroe County & the State of Florida
Opinion: Florida Third District Court of Appeal, Case No. 3D07-1603
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"The Monroe County BUD Ordinance itself answers
the ripeness question. The BUD Ordinance was designed as a way to avoid
constitutional takings lawsuits by providing other means of compensating
for total or partial regulatory loss of economically beneficial use of
property. In this way, the BUD Ordinance differs from land use
regulations in other jurisdictions in that it accounts for both facial
and as-applied takings, as seen in its bifurcated relief of either
outright purchase of the property (in the case of a per se
taking) or grant of Transferable Development Rights (TDRs), Rate Of
Growth Ordinance (ROGO) points, variances and building permits (in the
case of an as-applied taking)."Opinion at page
13.
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Collins, et al., vs. Monroe County & the
State of Florida, 2008 Fla. App. LEXIS 20382 (Fla. 3rd
Dist. Ct. 2008)
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