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Reahard v. Lee County

ELR Citation: 23 ELR 20369
Nos. No. 91-3593, 978 F.2d 1212/(11th Cir., 12/08/1992) Remand order amended

The court amends its decision at 22 ELR 21455, which vacated and remanded 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. In its amended opinion, the court directs the magistrate judge to reexamine the question of ripeness and determine whether the district court has subject matter jurisdiction. The court directs the magistrate judge to develop factual issues and make relevant factual findings regarding the property owners' efforts to secure appropriate administrative remedies, because there is nothing in the record regarding the judicial remedies available in Florida's state courts or the property owners' pursuit of those remedies.

Counsel for Plaintiffs/Appellees
Jeffrey R. Garvin, Theodore L. Tripp
Garvin & Tripp
2532 E. First St., P.O. Drawer 2040, Ft. Myers FL 33902
(813) 334-1824

Counsel for Defendant/Appellant
John J. Renner, Ass't County Attorney
2115 Second St., Ft. Myers FL 33901
(813) 335-2236

Jonathan A. Glogau, Ass't Attorney General
Attorney General's Office
Special Projects Division
The Capitol, PL 01, Tallahassee FL 32399
(904) 488-5899

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