Burnham v. Monroe County
District Court of Appeal of Florida
738 So.2d 471 (1999)
Thomas and Nedra Burnham (plaintiffs), longtime property owners in Monroe County, Florida (defendant), applied for a building permit after the county adopted a rate-of-growth ordinance (ROGO) that allocated permits only to applicants scoring enough sustainable-design points; their initial plans fell short of the point threshold, and although the county repeatedly told them minor design changes would qualify them, the Burnhams declined to make those changes and instead sued, claiming ROGO effected an unconstitutional taking by inverse condemnation. The trial court found no taking, since the Burnhams retained beneficial use of their property, and upheld ROGO's constitutionality; the Burnhams appealed.
Whether an ordinance that does not deprive a property owner of all beneficial use of the owner's property amounts to a taking by inverse condemnation.