TOWN OF JUPITER v. ALEXANDER

No. 96-1693.

747 So.2d 395 (1998)

TOWN OF JUPITER, a municipal corporation, Appellant, v. Michele ALEXANDER, as Trustee, Appellee.

District Court of Appeal of Florida, Fourth District.

Opinion Denying Rehearing November 12, 1998.


Attorney(s) appearing for the Case

Susan L. Trevarthen and Nancy E. Stroud of Burke, Weaver & Prell, Boca Raton, and Thomas J. Baird, North Palm Beach, for appellant.

John Beranek of Ausley & McMullen, Tallahassee, and Fred H. Gelston of Damsel & Gelston, West Palm Beach, for appellee.

Thomas G. Pelham, Shaw P. Stiller and James Paull, IV of Apgar & Pelham, Tallahassee, and Jane Hayman, Deputy General Counsel, Tallahassee, for amicus curiae Florida League of Cities, Inc.

Stephanie M. Gehres, General Counsel, and Ross Stafford Burnaman, Assistant General Counsel, Tallahassee, for amicus curiae Department of Community Affairs.


WARNER, Judge.

This is the second appearance of this case in our court. In Alexander v. Town of Jupiter, 640 So.2d 79 (Fla. 4th DCA 1994)("Alexander I"), we held, contrary to the determination of the trial court, that the "ripeness doctrine" did not preclude consideration of an inverse condemnation claim for a temporary regulatory taking. We remanded the case for the trial court to determine whether a temporary taking...

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