Florida Fish and Wildlife Conservation Commission v. Kaiser Consulting Group, LLC; Patsy Bradley, as Personal Representative of the Estate of Drew Kaiser; and John Wilson
The First DCA reversed the denial of summary judgment, holding that nontransferable, non-exclusive regulatory permits subject to the agency's retained authority to suspend or revoke do not constitute a compensable property interest capable of supporting an inverse condemnation claim. Because no legally sufficient takings claim was pleaded, the constitutional-claim exception to sovereign immunity did not apply.
Key facts
- FWC suspended or revoked Authorized Gopher Tortoise Agent permits issued to Drew Kaiser and John Wilson, then later reinstated those permits.
- Appellees sued, pleading a single count styled as inverse condemnation seeking compensation for an alleged unconstitutional taking arising from the permit suspension/revocation.
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Holdings
- A government-issued authorization is not compensable property for takings purposes when it is nontransferable, confers no exclusive rights, and remains subject to the government's retained…
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Why it matters
This decision gives Florida administrative and regulatory practitioners a clear framework—drawing on Bojorquez and federal fishery-permit cases—for evaluating when a revocable government permit can ground an inverse… — full analysis with a trial
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