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U.S. Supreme Court Rules on Florida Constitutional Takings Case

Posted Tuesday, June 25th, 2013

The U.S. Supreme Court issued a decision today reversing the Florida Supreme Court in Koontz v. St. Johns River Water Management District.  Hopping Green & Sams (HGS) attorneys Gary Hunter, Kent Safriet, and Mohammad Jazil filed an amicus brief  on behalf of  the Association of Florida Community Developers, the Florida Land Council, the Florida Farm Bureau, and the Florida Fruit and Vegetable Association in support of the property owner, Mr. Koontz.  In its amicus brief, the HGS attorneys argued that the Florida Supreme Court erred in its decision and urged the U.S. Supreme Court to require governmental entities to establish a rational nexus between monetary exactions proposed as a condition to a requested permit and the harm which is caused by the activity subject to the permit.  In a landmark victory for private property rights, Justice Alito’s majority opinion holds that “the government’s demand for property from a land-use permit applicant must satisfy the [rational nexus test] even when its demand is for money.”

For more information on this opinion, please contact Gary Hunter, Kent Safriet, or Mohammad Jazil.

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