Saturday, January 15, 2011

3d DCA - More on Takings and Statute of Limitations in Monroe County BUD cases

In Beyer v. Monroe County, the 3d DCA reversed a trial court determination that the plaintiff's takings case was barred by the statute of limitations. This is another case where the existence and use of the "beneficial use determination" process available in Monroe County establishes the date that a takings case accrues, as opposed to the date of adoption. Required reading for anyone looking at filing takings claims, as are the other recent 3d DCA opinions coming from Monroe County, because they illustrate the interaction of ripeness, administrative remedies and "as applied" vs. facial takings claims.

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