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"As an as-applied taking claim, we first determine that the Shands’ federal claim is ripe for review, contrary to the trial court’s conclusion. "Florida courts have adopted the federal ripeness policy." Taylor, 659 So. 2d at 1173. An as-applied takings claim challenging the application of a land use ordinance is not ripe until the plaintiff has obtained a final decision regarding the application of the regulations to the plaintiff’s property. The Shands obtained a decision as to the application of the regulations to the property when they went through the BUD process and obtained a decision from the Marathon City Council. See, Palazzolo, 533 U.S. at 618; Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 186 (1985)...." Opinion at page 12. |
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Shands vs. City of Marathon, Fla., 2008 Fla. App. LEXIS 20369 (Fla. 3rd Dist. Ct. 2008). |
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