Here's yet another complaint alleging that a virus-related order is a taking, this time with an interesting twist (other complaints here, here and here).
The twist is that the plaintiff/property owners (who include former Arkansas governor Mike Huckabee) assert that they are being prevented from using their own residential property. The complaint asserts that sheriffs and code enforcement officers have trespassed on the owners' private beaches by "patrolling," and that the officers "have physically prevented Plaintiffs from being able to use or even set foot in their own backyards." Complaint at 11.
The complaint seeks a declaratory judgment, an injunction, and just compensation. They also assert due process and search-and-seizure claims, that the emergency orders were preempted by other orders allowing the plaintiffs' uses, and a claim under the Florida Constitution for breach of the right of privacy.
Will there be more of these? Bien sûr.
Complaint, Dodero v. Walton County, No. 3:30-cv-05358-RV-HTC (N.D. Fla. Apr. 6, 2020)
