Knick v. Township of Scott, Case No. 17–647 (2019).
The state litigation requirement of Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473U. S. 172 (1985) (parties must first sue in state court when seeking just compensation for a Fifth Amendment claim under 42 U. S. C. §1983), is overruled and a property owner may bring Fifth Amendment claims in federal court when government takes property without just compensation without first seeking relief in state court.Braden Woods Homeowners Association, Inc. v. Mavard Trading,Case No. 2D17-3795 (Fla. 2d DCA 2019).
A plaintiff challenging a development permit decision need not exhaust administrative remedies prior to filing suit if the government action is ultra vires, i.e., the government lacks the authorityto take the action under governing law.YS Catering Holdings, Inc. v. Attollo Partners LLC, Case No. 3D18-1790 (Fla. 3d DCA 2019).
A party who enters into a settlement agreement and release after having asserted prior to settlement that the opposing party had defrauded themcannot argue oral misrepresentations of the opposing party to set aside the settlement.Laptopplaza, Inc. v. Wells Fargo Bank, NA, Case No. 3D18-131 (Fla. 3d DCA 2019).
A lender, under Florida Statute section 701.04(1)(a), can be held responsible for “deliberate inflation deliberateinflation of the amounts ‘properly due under or secured by a mortgage.’”Hurchalla v. Lake Point Phase I, LLC, Case Nos. 4D18-1221 & 4D18-1632 (Fla. 4th DCA 2019).
Citizens have a qualified privilege under both the United State Constitution and Florida common law to speak with government requesting the discontinuation of a real estate development project, but the privilege may be overcome by a showing of
“actual malice” (knowledge of falsity orreckless disregard of truth or falsity as shown byclear and convincing evidence) in cases under the First Amendment and by “express malice” (where the primary motive, as shown by a preponderance of the evidence, is shown to be an intention to injure theplaintiff) under Florida common law.
