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CITY OF RIVIERA v. SHILLINGBURG

No. 93-1981.

659 So.2d 1174 (1995)

CITY OF RIVIERA BEACH, a Florida municipal corporation, incorporated under the laws of the State of Florida, Appellant, v. John T. SHILLINGBURG and Joan B. Taylor, Appellees.

District Court of Appeal of Florida, Fourth District.

August 16, 1995.

Attorney(s) appearing for the Case

Andrew DeGraffenreidt, III, Riviera Beach, for appellant.

Luther M. Taylor, Palm Beach Gardens, and Michael J. Ryan, Minneapolis, MN, for appellees.

Nancie G. Marzulla and Leonard A. Leo, Washington, DC, for amicus curiae-defenders of Property Rights.

David J. Russ, Tallahassee, for amicus curiae-Department of Community Affairs.

PARIENTE, Judge.

The City of Riviera Beach (Riviera Beach) appeals the trial court's determination of a regulatory taking of landowners' submerged lands. We reverse because the enactment of the comprehensive land use plan did not per se deprive landowners of their property without just compensation and landowners' as-applied challenges are not ripe for review.

The subject of the claimed regulatory takings are two strips of submerged land running from...

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