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 Dateline January 28, 2009: Twenty-three Florida Keys landowners
began the process of "ripening" their regulatory taking claims against
Monroe County and the State, by filing Beneficial Use Determination
petitions on October 30, 2005, over three years ago.
These petitions, and two more, were heard by a DOAH Administrative Law
Judge in March of last year. But we have not pushed the ALJ for
decisions for the simple reason that the ALJ indicated he was going to
"buy into" the County's theory that a 4-year statute of limitations
begins to run (in Monroe County) when a confiscatory land use regulation
is enacted -- not after the landowner has gone through the BUD process.
In Collins, et al. v Monroe County & the State, 2008 Fla. App.
LEXIS 20382 (Dec. 31, 2008), and Shands v City of Marathon,
2008 Fla. App. LEXIS 20369 (Dec 31, 2008), the Third District Court of
Appeal soundly rejected the County's "theory." The District Court issued
its mandate in
Shands on January 15, 2009, but the Collins mandate is
being held up by our Motion for Clarification.
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