Megladon, Inc. v. Village of Pinecrest & Miami-Dade County
A developer sued the Village of Pinecrest and Miami-Dade County after the Village conditioned a single-family building permit on the uncompensated dedication of a 7.5-foot right-of-way strip, pleading claims under Fla. Stat. § 70.45 (prohibited exactions), Art. X, § 6 of the Florida Constitution, and § 1983/Koontz. The court denied the joint motion to dismiss, holding that the Village was a proper defendant because a 1996 Transfer Road Agreement executed under Fla. Stat. § 335.0415(3) conveyed the County's regulatory and proprietary jurisdiction over Village roads, and because none of the nine County/Village code provisions cited actually mandated the dedication. The court also rejected the ripeness arguments, finding the Planning Director's email conditioning permit issuance on dedication was plausibly a final decision.
Key facts
- Megladon, Inc., a developer, sued the Village of Pinecrest and Miami-Dade County after the Village conditioned issuance of a single-family building permit on the uncompensated dedication of a 7.5-foot right-of-way strip from the developer's property.
- The Village and County filed a joint motion to dismiss, arguing that the County—not the Village—was the proper defendant and that County code provisions mandated the dedication requirement, and that the case was not ripe because no final decision had been made.
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Why it matters
This is a useful roadmap for Florida land-use and exactions practitioners litigating against municipalities that attempt to deflect liability onto the county. The court's close construction of the Miami-Dade Home Rule… — full analysis with a trial
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