Jamieson v. Town of Fort Myers Beach
In a second appeal, the Second District reversed summary judgment for the Town on a landowner's total (Lucas) regulatory taking, partial (Penn Central) taking, and Bert Harris Act claims. The court held the trial court misread the prior opinion's ripeness holding as law of the case on the merits, held that a settlement offer contingent on Town Council approval is not a binding offer under contract principles, and held that takings and inordinate-burden factors are fact questions requiring a bench trial, with a jury only on compensation.
Key facts
- Landowner Jamieson appealed summary judgment entered by the trial court in favor of the Town of Fort Myers Beach on claims for total regulatory taking under Lucas, partial taking under Penn Central, and inordinate burden under the Bert Harris Act.
- The trial court had dismissed the claims, relying on a prior appellate opinion's ripeness holding and treating a Town settlement offer (conditioned on Town Council approval) as a binding contract that defeated the takings claims.
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Why it matters
This is a substantive roadmap for regulatory takings and Bert Harris Act litigation in Florida, including the sequencing of trial (bench trial on liability, jury on compensation) and the interplay between the Act and… — full analysis with a trial
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