Bradfordville Phipps Limited Partnership v. Leon County
District Court of Appeal of Florida
804 So.2d 464 (Fla. Dist. Ct. App. 2001)
Leon County (defendant) temporarily restricted new development permits in a study area until it completed a required stormwater plan. Bradfordville Phipps (BPLP) (plaintiff), a property owner within that area, sued, arguing the moratorium deprived it of all reasonable economic use of its land and thus constituted a temporary regulatory taking. Both sides moved for summary judgment; the trial court ruled for the county, and BPLP appealed.
Whether a temporary moratorium on a particular use of property constitutes a compensable regulatory taking under the Fifth Amendment when it does not result in the complete deprivation of all economically beneficial uses of the property.