126th Avenue Landfill, Inc. v. Pinellas County

District Court of Appeal of Florida

126th Avenue Landfill, Inc. v. Pinellas County

758 So. 2d 721, 2000 Fla. App. LEXIS 4547, 2000 WL 389993

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 2000

DocketNo. 2D99-1861

StatusPublished

Cited by1 cases

This text of 758 So. 2d 721 (126th Avenue Landfill, Inc. v. Pinellas County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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126th Avenue Landfill, Inc. v. Pinellas County, 758 So. 2d 721, 2000 Fla. App. LEXIS 4547, 2000 WL 389993 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

The appellants, 126th Avenue Landfill, Inc., and Richard L. Hain, Sr., appeal an order dismissing their inverse condemnation action for lack of subject matter jurisdiction. We conclude that the trial court was correct in determining that the appellants failed to exhaust their administrative remedies by not availing themselves of the administrative procedure for review and remedy of takings claims found in Pinellas [722]*722County Ordinance No. 90-66. However, we agree with Pinellas County’s suggestion that the trial court action should be stayed for an appropriate time period to allow the appellants to exhaust the above-stated administrative remedy.

Accordingly, the order dismissing the appellants’ inverse condemnation action is reversed, and this cause is remanded for proceedings consistent with this opinion.

ALTENBERND, A.C.J., and WHATLEY and STRINGER, JJ., Concur.

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PER CURIAM.

The appellants, 126th Avenue Landfill, Inc., and Richard L. Hain, Sr., appeal an order dismissing their inverse condemnation action for lack of subject matter jurisdiction. We conclude that the trial court was correct in determining that the appellants failed to exhaust their administrative remedies by not availing themselves of the administrative procedure for review and remedy of takings claims found in Pinellas [722]*722County Ordinance No. 90-66. However, we agree with Pinellas County’s suggestion that the trial court action should be stayed for an appropriate time period to allow the appellants to exhaust the above-stated administrative remedy.

Accordingly, the order dismissing the appellants’ inverse condemnation action is reversed, and this cause is remanded for proceedings consistent with this opinion.

ALTENBERND, A.C.J., and WHATLEY and STRINGER, JJ., Concur.

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758 So. 2d 721, 2000 Fla. App. LEXIS 4547, 2000 WL 389993, Counsel Stack Legal Research, https://law.counselstack.com/opinion/126th-avenue-landfill-inc-v-pinellas-county-fladistctapp-2000.

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