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Bradfordville Phipps Limited Partnership v. Leon County

District Court of Appeal of Florida
804 So.2d 464 (Fla. Dist. Ct. App. 2001)


Leon County, Florida (the county) (defendant), after an injunction in a separate proceeding, agreed to restrict the issuance of development permits for land in the Bradfordville Study Area (BSA) until the county had complied with the requirements of a comprehensive stormwater plan for the BSA. Bradfordville Phipps Limited Partnership (BPLP) (plaintiff) owned property within the BSA. BPLP brought suit in the circuit court, alleging that the county’s act had prevented BPLP from developing its property and thus had deprived BPLP of all reasonable economic use of its property, constituting a temporary regulatory taking in violation of the Fifth Amendment of the U.S. Constitution. BPLP and the county both filed for summary judgment. The circuit court granted summary judgment for the county, and BPLP appealed.

Rule of Law


Holding and Reasoning (Kahn, J.)

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