Property Rights

GolfRock, LLC v. Lee County, Florida

Government stall tactics undermine constitutional takings doctrine

GolfRock sought a permit to mine its land in Lee County in 2005. Several years of government stalling and five application supplements later, the County changed the rules—the local comprehensive plan—to preclude mining on GolfRock’s land. Even after banning mining on the property, the County refused to reach a final decision on GolfRock’s pending application. In 2013, after the County made it abundantly clear that it would not process the application, GolfRock filed a lawsuit for declaratory relief, asking a Florida trial court to declare GolfRock’s takings claim ripe. The trial court demanded one more application and GolfRock appealed, with PLF’s support as amicus curiae.

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