TOWN OF PONCE INLET v. PACETTA, LLC

Case No. 5D14-4520.

226 So.3d 303 (2017)

The TOWN OF PONCE INLET, a Florida Municipality, Appellant, v. PACETTA, LLC, a Florida Limited Liability Company, Down the Hatch, Inc., a Florida Corporation, and Mar-Tim, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing/Rehearing En Banc Denied September 25, 2017.


Attorney(s) appearing for the Case

Elliot H. Scherker and Brigid F. Cech Samole, of Greenberg, Traurig, P.A., Miami, and Kimberly S. Mello , of Greenberg Traurig, P.A., Tampa, and Clifford B. Shepard , of Shepard, Smith & Cassady, P.A., Maitland, and Noah C. McKinnon, Jr. , and Abraham C. McKinnon , of McKinnon & McKinnon, P.A., Ormond Beach, for Appellant.

Amy Brigham Boulris , Kenneth B. Bell and Lauren L. Purdy , of Gunster, Yoakley & Stewart, P.A., Miami, and Peter B. Heebner and John N. Upchurch , of Heebner, Baggett, Upchurch & Garthe, P.L., Daytona Beach, for Appellees.

Nancy E. Stroud , Counsel for American Planning Association, Boca Raton, Amicus Curiae for Appellant.

Mark Miller and Christina M. Martin , of Pacific Legal Foundation, Palm Beach Gardens, Amicus Curiae for Appellees.


The parties in this case make their third appearance before this court. In this appeal, the Town of Ponce Inlet ("Town") appeals a multi-million-dollar second amended final judgment entered following a jury trial on damages arising from an inverse condemnation claim as well as an earlier order resulting from a bench trial on liability...

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