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P.I.E., LLC v. DeSoto County

Citations: 133 So. 3d 577; 2014 WL 660147; 2014 Fla. App. LEXIS 2377Docket: No. 2D12-4812

Court: District Court of Appeal of Florida; February 20, 2014; Florida; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by P.I.E. LLC against the dismissal of its amended complaint, concerning property rights and land use regulations. The primary legal issue pertains to the timeliness of a claim under the Bert J. Harris, Jr. Private Property Rights Protection Act following the denial of an excavation permit by DeSoto County. The trial court initially dismissed count I of the complaint as untimely, basing its decision on a one-year limitation period starting from the county's oral vote. However, the appellate court reversed this dismissal, aligning with P.I.E.'s argument that the period should begin from the date of the written resolution. The court found statutory ambiguity about when a regulation is 'first applied' and emphasized its de novo review of the case, referencing prior case law to support its decision. Conversely, the appellate court upheld the trial court's dismissal of count II, related to a takings claim under the precedent of Penn Central Transportation Co. v. City of New York, determining it did not state a valid cause of action. The decision allows further proceedings to clarify the factual timeline and applicability of the county's ordinance and its impact on the claim's timeliness.

Legal Issues Addressed

Bert J. Harris, Jr. Private Property Rights Protection Act

Application: The appellate court reversed the dismissal of P.I.E.'s claim under the Bert J. Harris Act, determining that the claim was timely filed based on the date of the written resolution.

Reasoning: P.I.E. argues that the one-year deadline for filing its claim should start from the written resolution date, while DeSoto County contends it begins from the date of the oral vote.

De Novo Review of Dismissal

Application: The appellate court conducted a de novo review of the trial court's dismissal of the complaint, leading to a reversal of the dismissal of count I.

Reasoning: The court emphasized its de novo review of the dismissal order, indicating that the case should proceed for further consideration.

Interpretation of Statute of Limitations

Application: The court found ambiguity in the statute regarding when a law is 'first applied' and concluded that, consistent with prior case law, the one-year period begins when a written decision is issued.

Reasoning: The court noted existing ambiguity in the statute regarding when a law is 'first applied,' referencing prior case law...which indicated that the one-year period starts when a permit is denied, typically when a written decision is issued.

Takings Clause - Penn Central Test

Application: The court affirmed the dismissal of count II, determining that P.I.E.'s claim did not state a valid cause of action under the Penn Central precedent.

Reasoning: Count II of P.I.E.'s complaint, which alleges a taking under the precedent set in Penn Central Transportation Co. v. City of New York, is affirmed as not stating a valid cause of action.