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FLORIDA GAME & FISH COM'N v. FLOTILLA

No. 93-00554.

636 So.2d 761 (1994)

FLORIDA GAME AND FRESH WATER FISH COMMISSION, Appellant, v. FLOTILLA, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 27, 1994.

Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., and Denis Dean, Chief, Sp. Projects, Tallahassee, for appellant.

James V. Antista, Gen. Counsel, Florida Game and Fresh Water Fish Commission, Tallahassee, for appellant.

Kenneth B. Wright, Sierra Club Legal Defense Fund, Tallahassee, for Sierra Club, Friends of the Bald Eagle, Inc., Nat. Wildlife Federation, FL Wildlife Federation, Environmental Defense Fund, and Nat. Audubon Soc., amicus curiae, for appellant.

Patrick Kennedy, Legal Asst., FL Audubon Soc., for FL Audubon Soc., amicus curiae, for appellant.

Thomas W. Reese, St. Petersburg, for ManaSota-88, Inc., amicus curiae, for appellant.

Caleb J. Grimes, Grimes, Grimes, Goebel, Grimes & Hawkins, P.A., Bradenton, for appellee.

FRANK, Chief Judge.

This appeal originated in a nonfinal order imposing liability upon the Florida Game and Fresh Water Fish Commission based upon an inverse condemnation claim asserted by Flotilla, Inc. pursuant to Article X, Section 6(a) of the Florida Constitution.1 We reverse.

In September 1984, Flotilla, Inc. purchased 173 acres of undeveloped land for $3,000,000 to develop a residential subdivision in six phases. Prior to...

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