Mark v. St. Dep't of Fish & Wildlife

The Marks (plaintiffs) owned land adjacent to a state-managed wildlife area with beaches used for lawful public nudity and, they alleged, unlawful public sexual activity; the Department (defendant) adopted but never fully implemented a plan to restrict the nudity, and the Marks sued for an injunction, damages, and inverse condemnation. The trial court dismissed all claims, holding the Department couldn't be sued for failing to perform a discretionary function and that the Marks failed to state a taking claim.