In something of a rarity, an appellate court has written an opinion in favor of a property owner bringing a claim under The Bert J. Harris, Jr., Private Property Rights Protection Act.
In Ocean Concrete, Inc. v. Indian River County, Board of County Commissioners, the Fourth District Court of Appeal reversed a trial court order denying relief to a property owner under the Bert Harris Act. As the Fourth District explained, in order to obtain relief under the Bert Harris Act, a plaintiff has to show
a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property.”
Bert Harris Act in a Nutshell
Continue Reading Appellate Court Rules in Favor of Florida Property Owner Under Bert Harris Act