Town of Ponce Inlet v. Pacetta, LLC
226 So. 3d 303
| Fla. Dist. Ct. App. | 2017Background
- Pacetta purchased ten contiguous tracts totaling 16 acres in Ponce Inlet (2004–2006) and planned a mixed-use waterfront development requiring a Comprehensive Plan amendment and relief from a 2004 Riverfront Overlay District.
- The Town initially cooperated and transmitted a plan amendment to state review, but after a citizens’ initiative and an election (2008) the Town adopted a charter amendment and conforming ordinance that effectively prohibited Pacetta’s proposed dry-stack boat storage and related development.
- Pacetta successfully challenged the citizen initiative under section 163.3167(12) in this court (Pacetta I), arguing its 16 acres constituted a single parcel; the initiative and conforming ordinance were invalidated.
- Pacetta later sued the Town (inverse condemnation, due process, equal protection, Harris Act). After a bench trial the trial court found liability (equitable estoppel/vested right theory) and a jury awarded multi-million dollar damages on a taking claim treating the land as separate parcels.
- This Court (Pacetta II) rejected equitable estoppel as a basis for vested rights to force Comprehensive Plan amendment; on remand the trial court refused to revisit other liability findings. On the present appeal the Fifth District reverses the liability order and damages judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper unit/parcel for takings analysis | Pacetta: the ten acquired tracts were used and developed as a single unit (one parcel). | Town: treat all 16 acres as a single parcel for takings analysis. | Judicial estoppel bars Pacetta from now treating the tracts as separate; the 16 acres are one parcel. |
| Total (per se) regulatory taking under Lucas | Pacetta: Town’s actions deprived it of all economically viable use of its property. | Town: some parcels retained economically viable uses; no total deprivation of the single parcel. | No total taking; because economically useful portions remain, Lucas claim fails. |
| Partial/as‑applied taking (Penn Central) & ripeness | Pacetta: regulations as applied effected a partial taking of the property. | Town: challenge not ripe absent a definitive development application; must meet Penn Central factors. | Trial court misapplied Penn Central and parcel definition; reversed and remanded for new trial limited to partial‑taking analysis of the single parcel and for determination of ripeness (or futility). |
| Federal due process/equal protection claims and directed verdict/England reservation | Pacetta: reserved federal claims for federal forum (England reservation) and had jury decide damages. | Town: Pacetta presented no evidence of damages for federal claims; directed verdict was proper. | Directed verdict should have been entered for Town on federal due process and equal protection claims; trial court must enter amended final judgment for Town on those counts. |
Key Cases Cited
- Town of Ponce Inlet v. Pacetta, LLC, 63 So. 3d 840 (Fla. 5th DCA 2011) (parcel‑definition ruling; invalidated citizen initiative)
- Town of Ponce Inlet v. Pacetta, LLC, 120 So. 3d 27 (Fla. 5th DCA 2013) (rejected equitable estoppel to confer vested right to compel plan amendment)
- Lucas v. S.C. Coastal Council, 505 U.S. 1003 (U.S. 1992) (per se regulatory taking where all economically beneficial use is eliminated)
- Penn Central Transp. Co. v. City of New York, 438 U.S. 104 (U.S. 1978) (multi‑factor test for partial/as‑applied takings)
- Palazzolo v. Rhode Island, 533 U.S. 606 (U.S. 2001) (ripeness requires final decision by land‑use authority)
- Lingle v. Chevron U.S.A. Inc., 544 U.S. 528 (U.S. 2005) (clarifies regulatory takings framework)
- Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla. 1976) (equitable estoppel standard against municipalities)
- Lost Tree Vill. Corp. v. United States, 707 F.3d 1286 (Fed. Cir. 2013) (when separate parcels are treated as a single economic unit, they may form the relevant parcel)