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GlobeSt.com UPDATE: Judge Rules Against County in Landmark Public-Taking Decision

PLANTATION KEY, FL-A trial court judge says the Monroe County Commission unlawfully prohibited property owners from developing a residential resort during the 1980s in northern Key Largo, 48 miles south of Miami in the Florida Keys. The ruling is expected to be used by individual property owners across the country in their battles with local governments over seized land.

By David R. Corder | Updated on July 25, 2001

PLANTATION KEY, FL-In a decision that could cost local taxpayers millions of dollars in damages, a trial court judge has ruled the Monroe County Commission unlawfully prohibited two property owners from developing a residential resort during the 1980s in northern Key Largo, 48 miles south of Downtown Miami in the Florida Keys.

The landmark ruling is expected to be used by individual property owners across the country in cases of inverse condemnation battles with local governments.

By adopting a building moratorium in 1982 and extending it in 1986, says Monroe Circuit Judge Luis Garcia, the county commission violated the constitutional rights of the families of Arthur Shadek and Joseph Harrison.

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