Dirty Duck 16004 LLC v. Town of Redington Beach
Beachfront owners challenged Redington Beach's customary-use ordinance (adopted June 6, 2018) as void under section 163.035, Florida Statutes, because the Town kept it in effect after July 1, 2018 without obtaining a judicial declaration of recreational customary use. The Second District, adopting the Eleventh Circuit's reasoning in Buending v. Town of Redington Beach, held that read as a whole section 163.035 does not void ordinances adopted between January 1, 2016 and June 30, 2018; instead the government may raise customary use as an affirmative defense in any proceeding challenging such an ordinance. The court affirmed the denial of injunctive relief and remanded on the pending as-applied inverse condemnation count.
Key facts
- Beachfront property owners in Redington Beach challenged the Town's customary-use ordinance adopted June 6, 2018, arguing it was void because the Town kept it in effect after July 1, 2018 without obtaining a judicial declaration of recreational customary use under section 163.035, Florida Statutes.
- The trial court denied the owners' request for injunctive relief, and the owners appealed, contending the ordinance violated section 163.035's requirements.
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Why it matters
This is the first Florida DCA decision construing section 163.035's 'adopt or keep in effect' language, aligning state law with the Eleventh Circuit's Buending holding and confirming that pre-July 1, 2018 customary use… — full analysis with a trial
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