REAHARD v. LEE COUNTY

No. 93-2743.

30 F.3d 1412 (1994)

Richard REAHARD; Ann P. Reahard, Plaintiffs-Appellees, v. LEE COUNTY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied October 19, 1994.


Attorney(s) appearing for the Case

John Joseph Renner, Lee County Atty. Office, Ft. Meyers, FL, Bruce R. Conroy, City Atty. Office, Cape Coral, FL, Robert N. Reynolds, Winter Park, FL, for appellant.

Theodore L. Tripp, Jr., Garvin & Tripp, Ft. Myers, FL, for appellees.

Before TJOFLAT, Chief Judge, KRAVITCH, Circuit Judge, and CLARK, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

At issue in this case is the constitutionality of the developmental regulations placed on an approximately 40 acre tract of waterfront land in Lee County, Florida. Because we hold that the federal courts lack jurisdiction on ripeness grounds, we REVERSE the judgment of the district court, and REMAND this case to the district court with instructions to remand the cause to the state court from which it was removed.

I.

In 1944...

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