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.
Key facts
- Beachfront lessee and owner sued 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 and refused to enforce trespass against beachgoers.
- The Town cited Plaintiffs for placing monoposts and cones marking property boundaries, and the record involved a 2003 beach restoration project and a 2014 temporary construction easement that disclaimed public dedication.
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Why it matters
The order is a useful data point for coastal property counsel on the reach of Fla. Stat. § 161.141: the court endorsed the reading that the statutory 'traditional uses' public easement attaches to renourishment-created… — full analysis with a trial
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