Saturday, May 25, 2013

Circuit Court finds for Cape in old golf course land use lawsuit

Staff Report ( , Cape Coral Daily Breeze
 A circuit court judge has ruled in favor of the city of Cape Coral, finding that the municipality did not "take" a developer's property when it denied transmittal of a land use map amendment.

"The Court finds that the Plaintiff's distinct investment-backed expectations when it took title to the property in 2006 were not objectively reasonable, but, were instead unreasonable," Judge Michael T. McHugh wrote in a 10-page final judgement issued Wednesday in the case of Florida Gulf Venture LLC vs the city of Cape Coral. "Further, this Court concludes that this case is likewise not ripe for adjudication as the Plaintiff never submitted meaningful application to the CITY."     Cont.....................

For the complete article in the Cape Coral Breeze click the link below.

Mary Neilson