Saturday, February 12, 2005

Business Damages - Mitigation doesn't require relocation

Thanks to Matt Conigliaro over at Abstract Appeal for pointing out this 4th DCA opinion on eminent domain that holds that the duty to mitigate business damages does not extend off the parent tract; a tire store was not required to move locations to avoid or limit business damages (and FDOT's obligation to compensate for them).

Wednesday, February 09, 2005

Supremes won't hear appeal of 3d DCA decision on Bert Harris

In this disposition order, the Florida Supreme Court declined to accept jurisdiction in Miami Beach v. Royal World Metropolitan, Inc.

The 3d had determined in this opinion below that section 13 of the act, which provides that the act does not affect the soveriegn immunity of government, did not act to protect local governments from suits for damages or other relief under Bert Harris. The 3d found that such a result would be absurd, given the clear intent of the Act to provide for damages and relief to property owners who suffer an "undue burden" at the hands of local regulators.

Thanks to Larry Sellers at Holland & Knight's Tallahassee office for passing this one on.