Everett v. City of Tallahassee

STAFFORD, Chief Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I. INTRODUCTION

Plaintiff is the owner of approximately 3.52 acres of undeveloped property fronting Thomasville Road immediately north of what is now Dorothy B. Oven Park [“Oven Park”] in the City of Tallahassee, Leon County, Florida. Plaintiffs four count complaint pursuant to Title 42, United States Code, Section 1983, alleges violations of both his substantive and procedural due process rights, the takings clause, and a pendant state law claim for damages caused by the adjoining landowner’s unlawful use of property. The court…