Here’s the latest in a case we’ve been following for what seems like forever (and yes, it is one of ours, so we won’t be commenting). This morning the U.S. Supreme Court without comment denied the City of Marathon, Florida’s cert petition, which asked the Court to review an en banc opinion of the Florida District Court of Appeals which held that the City’s downzoning of Shands Key effected a Lucas taking as a deprivation of economically beneficial uses, notwithstanding that the property could be sold to a third party who could donate it to the city in return for some very watered-down transferable development rights (TDRs).
Continue Reading Good News: Lucas Cert Petition Denied – TDRs Go Only To Just Comp, Not Takings