Daniels v. Town of Palm Beach, Florida

Beachfront lessee and owner sued the Town of Palm Beach under § 1983 alleging a taking of their right to exclude, procedural due process violations, and First Amendment violations after the Town declared a public easement for traditional beach uses, refused to enforce trespass, and cited Plaintiffs for placing monoposts and cones marking their boundaries. The court dismissed the procedural due process count (adequate state remedies including Florida's Declaratory Judgment Act and inverse condemnation) and the First Amendment retaliation count (no absence of probable cause pled), but allowed the takings count and the as-applied First Amendment sign challenge to proceed because factual questions remain about whether Fla. Stat. § 161.141 created a pre-existing public easement over the property.

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