[DOWNLOAD] "Lost Tree Village Corp. v. City of Vero Beach" by Florida Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Lost Tree Village Corp. v. City of Vero Beach
- Author : Florida Court of Appeals
- Release Date : January 13, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Lost Tree Village Corporation appeals a final judgment dismissing its eleven count complaint alleging inverse condemnation of its property by the City of Vero Beach and The Town of Indian River Shores. Lost Tree's property consists of two groups of islands in the Indian River Lagoon. The trial court concluded that none of the claims were ripe for adjudication because Lost Tree had not obtained a final determination of the uses that would be permitted on the islands. While Lost Tree's claims alleging a facial taking of its property were properly dismissed, albeit not on ripeness grounds, we hold that its claims alleging an ""as- applied"" taking of its Inner Islands were ripe for adjudication, although those claims alleging a taking of its Outer Islands are not ripe. We therefore hold that the trial court erred in dismissing the claims related to the Inner Islands. The Lost Tree Islands consist of ""islands and submerged lands in the Indian River Lagoon . . . located partially within the Town and partially within the City."" The islands are divided into two groups:
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