ELR Citation: ELR 20636
No(s). 83-545-Civ-Orl-11 (M.D. Fla. Dec 8, 1989)

The court holds that the town's zoning regulations imposing setback requirements on oceanfront property are constitutional under the Due Process Clause and the Fifth Amendment as applied to the affected landowner. Because the town's sand dune setback regulation is substantially related to the advancement of public safety and welfare, it creates a sufficient nexus with a proper police power objective under the Due Process Clause. Because the landowner may be able to construct a single family dwelling on the property, he is not deprived of all economic use. In addition, where state action is necessary to avoid a public nuisance, compensation is not required. The reasonableness of the landowner's expectations of developing the property is undermined by notice in the purchase price and in subsequent regulation. Thus, the landowner had no investment-backed expectation of development. Finally, the character of the governmental action does not amount to a taking because it is a legitimate exercise of the police power.

Counsel for Plaintiff
Stewart B. Capps
Nohrr, Nohrr, Boyd, Howze & Edwards
100 Rialto Pl., Ste. 800, P.O. Box 369, Melbourne FL 32902-0369
(407) 727-8100

Counsel for Defendant
F. Scott Pendley
Dean, Ringers, Morgan & Lawton
200 E. Robinson St., P.O. Box 2928, Orlando FL 32802
(407) 422-4310