Koontz on Remand in Florida Court - Still a Taking

Koontz on Remand in Florida Court - Still a Taking

  Wednesday, May 07, 2014    Julie Tappendorf

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From the Inverse Condemnation blog:  Fla App In Koontz VIII: We Were Right Before, Koontz Wins Again.

After the U.S. Supreme Court decided Koontz last year, the case went back to the Florida state court on remand for application of the Nollan/Dolan test to determine whether the St. Johns River Management District's actions on Coy Koontz's permit application were an unconstitutional taking of Koontz's property.  In a very short (3 page) opinion, the Florida court of appeals adopted its previous opinion in Koontz IV and the U.S. Supreme Court's analysis that even in the absence of a compelled dedication of land and even when the conditions are refused and the permit denied, an unconstitutional taking can occur.  The court of appeals determined that its previous decision (ruling in favor of Koontz that the District's actions were a taking) was "entirely consistent with the decision of the United States Supreme Court."  

The dissent objects to the majority's decision to summarily dispose of the case in favor of Koontz, and would rule in favor of the District on the basis that nothing was taken by the District or given up by Koontz. In the dissent's opinion, no damages should be available where no property has been taken.  

You can read more about Koontz in previous blog posts here and here.

The author of the Inverse Condemnation blog poses the following question:  "Will there be a Koontz IX?" The district certainly can't be happy with this outcome.   Stay tuned.

Post Authored by Julie Tappendorf, Ancel Glink