Buending v. Town of Redington Beach, No. 20-11354 (11th Cir. 2021)
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Property owners filed suit after the Town of Redington Beach passed an ordinance that granted the public certain access to the dry sand beaches. After the lawsuit was filed, Plaintiff Fields was asked to resign from her position on the Board of Adjustment (which reviews requests for variances from the Town's zoning code), because she had filed this suit against the Town.
The Eleventh Circuit vacated and remanded the district court's grant of summary judgment to the property owners on their claims that the ordinance violated Florida law and constituted an unlawful taking. The court concluded that the district court erred in declaring the ordinance void under Florida Statute 163.035; the district court erred in granting summary judgment to the property owners on the Town's customary use defense; and the district court erred in finding a facial and an as-applied taking. The court also vacated and remanded the district court's grant of summary judgment to Plaintiff Fields on the First Amendment retaliation claim.
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