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.
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