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Reahard v. Lee County

ELR Citation: 22 ELR 21455
Nos. No. 91-3593, 968 F.2d 1131/(11th Cir., 08/14/1992)

The court vacates and remands a magistrate judge's decision that a Florida county's land use plan resulted in a taking of waterfront property under the Fifth and Fourteenth Amendments to the U.S. Constitution, because the magistrate judge misapplied the legal standard for partial takings and failed to make adequate factual findings. The county plan designates 40 acres of a private landowner's property as a resource protection area and limits development of the parcel to a single residence, or for recreational, open space, or conservation uses. The court holds that the magistrate judge, serving as fact finder, did not analyze the plan's economic impact on the claimant and the extent to which the plan has interfered with investment-backed expectations.

Counsel for Plaintiffs-Appellees
Jeffrey Garvin
Garvin & Tripp
P.O. Drawer 2040, Ft. Myers FL 33902
(813) 334-1824

Counsel for Defendant-Appellant
Melissa Anderson
115 S. Andrews Ave., Ste. 423, Ft. Lauderdale FL 33301
(305) 357-7600

Jonathan A. Glogau
Attorney General's Office
Special Projects Division
The Capitol, TL-01, Tallahassee FL 32399
(904) 488-5899

Before FAY and BIRCH, Circuit Judges, and DYER, Senior Circuit Judge.