Key Haven Associated Enterprises, Inc. v. Florida Department of Environmental Protection
Key Haven's dredge-and-fill development of Florida Keys submerged lots was halted by state environmental authorities effective January 1, 1973, and further barred by Monroe County's 1986 comprehensive plan amendments. After DEP denied a 2018 permit application for five remaining lots, Key Haven sued for a Lucas categorical regulatory taking; the First DCA affirmed summary judgment for the State, holding the four-year limitations period began running in the 1970s-80s when the governments made final decisions prohibiting development, not upon the 2018 denial.
Key facts
- Key Haven Associated Enterprises sought to develop submerged lots in the Florida Keys through dredge-and-fill operations, but state environmental authorities halted the project effective January 1, 1973, and Monroe County's 1986 comprehensive plan amendments further prohibited development on mangrove and submerged lands.
- After the Florida Department of Environmental Protection denied Key Haven's permit application for five remaining lots in 2018, Key Haven filed suit claiming a categorical regulatory taking under Lucas v. South Carolina Coastal Council.
- +1 more key fact with a free trial
Why it matters
This decision gives government defendants a strong tool against 'revived' inverse condemnation claims: a landowner cannot resurrect a decades-old regulatory takings claim by filing a new permit application and treating… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.