Legal Opinion · Dissent

Board of Trustees v. Walton County

District Court of Appeal of Florida

Decided September 23, 2013No. 1D13-244Published

1DissentThomas, J.

I respectfully dissent. Although I understand that there has been extensive and lengthy litigation in this matter, the law requires that this case be resolved in the court which possesses jurisdictional authority over the land in question.

Because the trial court lacked subject-matter jurisdiction to consider an inverse condemnation action against the Board of Trustees, as such an action is in rem and therefore subject to the Local Action Rule, this court should treat this appeal as a petition for writ of prohibition, grant the writ, and thereby divest the Second Judicial Circuit of…

2Cases cited10 opinions

  1. Stop the Beach Renourishment, Inc. v. Florida Department of Environmental ProtectionSupreme Court of the United States · 2010
  2. Publix Super Markets v. Cheesbro RoofingDistrict Court of Appeal of Florida · 1987
  3. Walton County v. Stop Beach RenourishmentSupreme Court of Florida · 2008
  4. Seven Hills, Inc. v. BentleyDistrict Court of Appeal of Florida · 2003
  5. FLA. DEPT. OF AGR. AND CONSUMER SERVICES v. City of Pompano BeachDistrict Court of Appeal of Florida · 2002

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