Orlando Bar Group, LLC d/b/a The Basement, The Attic and The Treehouse v. DeSantis
Orlando bar operators sued the Governor, DBPR, and Orange County for inverse condemnation based on COVID-19 executive orders that temporarily closed or restricted bar operations. The Fifth DCA affirmed dismissal with prejudice, holding the orders were use regulations analyzed under Penn Central — not per se physical takings under Cedar Point — and that the temporary, partial economic impact on a heavily regulated alcohol business, imposed under the police power, did not amount to a compensable taking. The court also held the argument that dismissal should have been without leave to amend was unpreserved because plaintiffs never sought leave to amend or moved for rehearing.
Key facts
- Bar operators sued Governor DeSantis, DBPR, and Orange County seeking inverse condemnation compensation for COVID-19 executive orders that temporarily closed or restricted bar operations.
- The trial court dismissed the complaint with prejudice, and plaintiffs appealed to the Fifth DCA without requesting leave to amend or filing a motion for rehearing.
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Why it matters
This is one of the leading Florida appellate decisions rejecting COVID-19 shutdown inverse condemnation claims, and it gives defense counsel a ready framework for arguing that emergency operational restrictions are Penn… — full analysis with a trial
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