Judkins v. Walton County
128 So. 3d 62
Fla. Dist. Ct. App.2013Background
- Judkins filed an inverse condemnation claim in 2009 based on flooding allegedly caused by Walton County's road improvements on Holiday Road, asserting a four-year statute of limitations and seeking relief for property unusable since 2002.
- The county asserted the claim was time-barred by the four-year limitations period starting in 2002 when flooding first invaded the property.
- Judkins relied on Dickinson to argue the limitations period was abated until remediation promises ceased, delaying accrual of the claim.
- The 2002–2003 improvements altered drainage; flooding rendered the land unusable, with ongoing promises of repair by the county that were not fulfilled.
- A 2004 county engineer letter stated the flooding was not caused by the 2002 improvements and that Walton County assumed no responsibility for repairing it; later projects did not resolve the issue.
- The trial court granted summary judgment for Walton County; the court denied leave to amend, later affirming summary judgment and holding Dickinson did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Dickinson apply to toll the limitations period here? | Judkins: Dickinson abates accrual until remediation ends. | Walton County: Dickinson not applicable because the extent was known and a distinct taking occurred in 2002. | Dickinson does not apply. |
| When did the inverse condemnation claim accrue? | Accrual delayed by ongoing remediation promises; extent not known until later. | Accrual occurred in 2002 when flooding began, time-barred by 2006. | Accrual occurred in 2002; suit in 2009 was time-barred. |
| May equitable estoppel toll the limitations period? | Promissory assurances could estop limitations. | Equitable estoppel not pled; collateral estoppel not raised. | Equitable estoppel not established; estoppel waived. |
Key Cases Cited
- United States v. Dickinson, 331 U.S. 745 (1947) (limitations tolled until the extent of invasion stabilized)
- Millender v. State Department of Transportation, 774 So.2d 767 (Fla. 1st DCA 2000) (taking completed when final act required by government occurred)
- Hillsborough Cnty Aviation Auth. v. Benitez, 200 So.2d 194 (Fla. 2d DCA 1967) (stability of impairment governs accrual under Dickinson)
- Applegate v. United States, 25 F.3d 1579 (Fed.Cir.1994) (promises to restore littoral flow can suspend accrual under Dickinson)