Fla. Couple Asks Appeals Court To Rehear Takings Case

Law360, Miami (November 22, 2013, 4:42 PM EST) -- A Florida couple on Thursday asked an appeals court to reconsider a decision affirming the dismissal of their suit claiming that increasingly restrictive development regulations affecting their nine-acre offshore island was a taking of their property.

Property owners Gordon and Molly Beyer asked Florida's Third District Court of Appeal to rehear their case because the appeals court affirmed summary judgment for the City of Marathon based on the “tipsy coachman” rule, in which a higher court upholds a lower court ruling despite flawed reasoning on the...
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