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MARGATE CMTY. v. NEW URBAN COMMUNITIES

No. 4D20-1763.

318 So.3d 576 (2021)

MARGATE COMMUNITY REDEVELOPMENT AGENCY, a dependent district of the City of Margate, Florida, and The City of Margate, Florida, Appellants, v. NEW URBAN COMMUNITIES, LLC, a Florida limited liability company, Appellee.

District Court of Appeal of Florida, Fourth District.

April 28, 2021.

Attorney(s) appearing for the Case

Lyman H. Reynolds, Jr. , of Roberts Reynolds Bedard & Tuzzio, PLLC, West Palm Beach, for appellant City of Margate.

Michael T. Burke and Selena A. Gibson , of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., Fort Lauderdale, for appellant Margate Community Redevelopment Agency.

Michael W. Moskowitz and Ari J. Glazer , of Moskowitz, Mandell, Salim & Simowitz, P.A., Fort Lauderdale, for appellee.

We reverse the trial court's non-final order denying the Appellants' motions to dismiss. We agree with the Appellants that the two tort claims at issue are barred by sovereign immunity because they are premised on the denial of a land use plan amendment, which is a discretionary governmental function. See Com. Carrier Corp. v. Indian River...

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