Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
GolfRock, LLC v. Lee County, Florida
Citation: Not availableDocket: 2D15-2105
Court: District Court of Appeal of Florida; July 7, 2017; Florida; State Appellate Court
Original Court Document: View Document
GolfRock, LLC, appealed a decision regarding its application to change the zoning of a parcel of land in Lee County, Florida, which Lee County had deemed withdrawn despite GolfRock's refusal to do so. GolfRock sought a declaratory judgment, claiming that its rights under the Florida Constitution and the Bert J. Harris, Jr. Private Property Rights Protection Act necessitated a "ripening" of its claim due to the futility of continuing the zoning request. Lee County moved to dismiss the complaint, arguing it failed to state a claim for declaratory relief, but the trial court denied this motion and allowed the case to proceed. Subsequently, both parties filed cross-motions for summary judgment on the issue of ripeness. GolfRock argued that its claims for regulatory partial taking were ripe due to the futility exception, while Lee County contended that the claims were not ripe at all. Ultimately, the trial court ruled in favor of Lee County, finding that GolfRock had not demonstrated its claim was ripe or that the futility exception applied. On appeal, the court determined that GolfRock’s complaint did not state a valid cause of action for declaratory relief, as it failed to establish that GolfRock was in doubt regarding any right, status, or privilege. The court noted that GolfRock's assertion of private property rights was uncontested and that a final denial of its application was necessary to pursue a takings claim related to its property rights. Consequently, the trial court lacked jurisdiction and should have dismissed the complaint. The document outlines a legal challenge by GolfRock, which claims that pursuing its zoning application further is "prohibitively expensive" and that its denial is a "fait accompli." GolfRock argues that changes to Lee County's comprehensive plan, made while its application was pending, disallow the intended property use. It seeks a court declaration that continuing the zoning request is legally futile. Central to the case are the concepts of ripeness and futility in relation to takings claims against land use regulations. The Supreme Court's rulings emphasize that a takings claim is not ripe until a government entity has made a final decision regarding the regulations applicable to the property. A landowner must provide the land-use authority the chance to clarify the regulations before establishing a taking. To succeed with an as-applied takings claim, GolfRock must demonstrate it received a final decision on its property's permitted use. A final decision is critical as it informs whether a regulation has deprived the landowner of all economically beneficial use or interfered with reasonable investment expectations. While there is a limited exception for cases where further attempts at approval would be futile, GolfRock's complaint does not adequately articulate how its situation qualifies for declaratory relief. It fails to demonstrate any doubt regarding its property rights or the impact of the amended comprehensive plan on its previously proposed use. The court concludes that GolfRock has not satisfied the jurisdictional requirements for a declaratory judgment and reverses the summary judgment, directing the trial court to dismiss the action.