Jordan v. St. Johns County
63 So. 3d 835
Fla. Dist. Ct. App.2011Background
- Appellants own property in Summer Haven, accessible only by a county road Old A1A; the road is the sole vehicular access to the subdivision.
- Old A1A runs along the ocean to the east and the Intracoastal Waterway to the west, and is subject to storm damage and erosion making maintenance difficult.
- Plaintiffs sued the County alleging failure to maintain Old A1A, seeking declaratory relief, injunctive relief, and inverse condemnation for diminished access.
- Count I sought a declaration of the County's duty to maintain the road; Count II sought an injunction; Count III claimed inverse condemnation; Counts IV and V addressed a moratorium on building permits.
- The County counterclaimed for exclusive authority to determine maintenance and pursued a third-party action to join all Summer Haven property owners; trial court granted summary judgments in the County’s favor on all counts, which the appellees challenged on appeal.
- The appellate court affirmed in part and reversed in part, holding the County has a duty to reasonably maintain Old A1A but with disputed material facts regarding level of maintenance; summary judgment on Counts I and III of the fourth amended complaint was improper and reversed accordingly.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the County has a duty to reasonably maintain Old A1A | Jordan argues County duty to maintain road in good order. | St. Johns County claims discretionary, not mandatory, maintenance scope. | Duty exists to reasonably maintain, not absolute discretion |
| Whether summary judgment on Count I was proper | Disputed facts on maintenance level preclude judgment. | County should prevail based on discretion to maintain. | Summary judgment improper; facts unresolved |
| Whether the road's maintenance constitutes abandonment for inverse condemnation purposes | Inaction may amount to de facto abandonment causing diminished access. | Maintenance decisions do not equal abandonment absent formal procedures. | Issues of fact preclude summary judgment on abandonment claim |
| Whether the County’s actions implicate inverse condemnation under the substantial diminution standard | Inadequate maintenance reduces access to property; compensation warranted. | Some access remains; no taking without complete loss or formal action. | Material factual disputes remain; remand for fact-finding |
Key Cases Cited
- Ecological Development, Inc. v. Walton County, 558 So.2d 1069 (Fla. 1st DCA 1990) (county cannot abandon maintenance after accepting publicly designated road without formal procedures)
- Palm Beach County v. Tessler, 538 So.2d 846 (Fla. 1989) (inverse condemnation when access is substantially diminished)
- State ex rel. White v. MacGibbon, 84 So. 91 (Fla. 1920) (county duty to keep roads in good order)
- Osceola County v. Best Diversified, Inc., 936 So.2d 55 (Fla. 5th DCA 2006) (inverse condemnation by de facto loss of access requires substantial diminution)