Noy Hadar v. Broward County
692 F. App'x 618
| 11th Cir. | 2017Background
- Noy Hadar, a homeowner beneath Fort Lauderdale-Hollywood International Airport’s new south runway (opened 2014), sued Broward County and several airlines for extreme aircraft noise and interference with property use.
- Hadar asserted a federal takings claim under 42 U.S.C. § 1983 (Fifth Amendment) seeking compensation, plus state-law claims (unjust enrichment, trespass).
- The district court dismissed the federal takings claim for lack of subject-matter jurisdiction as unripe under Williamson County, because Hadar had not pursued Florida inverse-condemnation remedies.
- The district court declined supplemental jurisdiction over the remaining state-law claims and dismissed them without prejudice. Hadar appealed.
- The Eleventh Circuit considered whether Florida provides an adequate inverse-condemnation remedy for airport-noise takings and whether Hadar was entitled to jurisdictional discovery before dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal takings claim is ripe without first pursuing state inverse-condemnation remedies | Hadar: Florida procedure is inadequate/futile because he did not allege property-value loss or seek condemnation, so Williamson County exception applies | County: Florida law recognizes inverse condemnation for airport overflights and provides compensation; exhaustion required | Court: Claim unripe; Hadar must first pursue state inverse-condemnation remedy because it is available and adequate |
| Whether lack of allegation of diminished market value renders state remedy inadequate | Hadar: Without market-value loss allegation, inverse-condemnation would fail so state remedy is inadequate | County: Compensation is available for continuing physical invasion (direct overflights) even without a total deprivation or explicit market-value allegation | Court: State remedy is adequate; viability differs from ripeness—needing to litigate merits in state court does not make remedy inadequate |
| Whether Hadar was entitled to jurisdictional discovery before dismissal | Hadar: Discovery into county practices and other cases could show state remedy is inadequate | County: Ripeness challenge is facial; discovery not necessary | Court: Ripeness resolved on the face of the complaint under Florida law; requested discovery would not have shown inadequacy, so denial was proper |
| Whether the district court abused discretion by refusing to retain supplemental jurisdiction over state-law claims | Hadar: Federal forum important for him and putative class; court should weigh Cohill factors and retain jurisdiction | County/Airlines: With federal claim gone early, case properly belongs in state court | Court: No abuse—district court properly dismissed state claims without prejudice under 28 U.S.C. § 1367 when federal claim dropped out early |
Key Cases Cited
- Williamson County Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (establishes requirement to exhaust state remedies before a federal takings suit)
- Reahard v. Lee Cty., 30 F.3d 1412 (11th Cir. 1994) (ripeness is jurisdictional; Florida plaintiffs must pursue inverse condemnation first)
- Exec. 100, Inc. v. Martin Cty., 922 F.2d 1536 (11th Cir. 1991) (Florida inverse-condemnation availability makes federal takings claim unripe)
- Fields v. Sarasota-Manatee Airport Auth., 953 F.2d 1299 (11th Cir. 1992) (takings claims not ripe until state compensation avenues exhausted)
- Agripost, Inc. v. Miami-Dade Cty., 195 F.3d 1225 (11th Cir. 1999) (exceptions to exhaustion when state offers no process or is inadequate)
- Agripost, LLC v. Miami-Dade Cty., 525 F.3d 1049 (11th Cir. 2008) (state courts have first opportunity to adjudicate takings claims)
- Bakus v. Broward Cty., 634 So. 2d 641 (Fla. Dist. Ct. App. 1993) (inverse condemnation requires physical invasion or deprivation of beneficial use)
- Sarasota-Manatee Airport Auth. v. Icard, 567 So. 2d 937 (Fla. Dist. Ct. App. 1990) (aircraft overflights can constitute continuing physical invasion)
- Foster v. City of Gainesville, 579 So. 2d 774 (Fla. Dist. Ct. App. 1991) (Florida recognizes inverse condemnation based on airport operations)
- San Remo Hotel, L.P. v. City & Cty. of San Francisco, 545 U.S. 323 (state courts competent to adjudicate federal takings claims)
- Carnegie-Mellon Univ. v. Cohill, 484 U.S. 343 (factors for declining supplemental jurisdiction over state claims)