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SHANDS v. CITY OF MARATHON

No. 3D07-3288.

999 So.2d 718 (2008)

Rodney SHANDS, Robert Shands, Kathryn Edwards, and Thomas Shands, Appellants, v. CITY OF MARATHON, etc., and the Marathon City Council, Appellees.

District Court of Appeal of Florida, Third District.

December 31, 2008.

Attorney(s) appearing for the Case

Steven Geoffrey Gieseler and Valerie A. Fernandez and Nicholas M. Gieseler (Stuart), for appellants.

Johnson, Anselmo, Murdoch, Burke, Piper & Hochman and Michael T. Burke, for appellees.

Before GERSTEN, C.J., and SUAREZ and CORTIÑAS, JJ.

SUAREZ, J.

Rodney Shands, Robert Shands, Kathryn Shands Edwards, and Thomas Shands, [collectively, "the Shands"] seek to reverse a final order granting the City of Marathon's ["City"] motion to dismiss in an inverse condemnation case. The trial court's order dismissed the Shands' state claim finding the cause of action to be a facial taking brought beyond the applicable four-year statute of limitations and also dismissed the Shands' federal claim as not ripe. We reverse...

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