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· 11/13/2002

Lost Tree Village Corp. v. City of Vero Beach

Citations

  • 838 So. 2d 561
  • 2002 Fla. App. LEXIS 16856
  • 2002 WL 31507219

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing the relevance of the working relationship between the landowner and the governmental entity in determining whether a decision is final and whether the submission of an additional application would be futile
  • providing that when a regulatory takings claim is ripe, it becomes clear that the agency lacks the discretion to permit any development, or the permissible uses of the property are known to a reasonable degree of certainty
  • determining whether a complaint stated a cause of action for an as-applied regulatory takings claim based on the sufficiency of the allegations to demonstrate a final decision or alternatively to establish that further applications were futile
  • determining whether a complaint stated a cause of action for an as-applied regulatory takings claim based on the sufficiency of the allegations to demonstrate a final decision or alternatively to establish that further applications were futile
  • “[T]his court should review Lost Tree’s allegations de novo to determine whether it pled valid and ripe claims.”
  • “ ‘A court may not go beyond the four corners of the complaint and must accept the facts alleged therein and exhibits attached as true.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Warner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.