126th Avenue Landfill, Inc. v. Pinellas County

Florida District Courts of Appeal
126th Avenue Landfill, Inc. v. Pinellas County, 758 So. 2d 721 (2000)
2000 Fla. App. LEXIS 4547; 2000 WL 389993
Altenbernd, Stringer, Whatley

126th Avenue Landfill, Inc. v. Pinellas County

Opinion of the Court

PER CURIAM.

The appellants, 126th Avenue Landfill, Inc., and Richard L. Hain, Sr., appeal an order dismissing their inverse condemnation action for lack of subject matter jurisdiction. We conclude that the trial court was correct in determining that the appellants failed to exhaust their administrative remedies by not availing themselves of the administrative procedure for review and remedy of takings claims found in Pinellas *722County Ordinance No. 90-66. However, we agree with Pinellas County’s suggestion that the trial court action should be stayed for an appropriate time period to allow the appellants to exhaust the above-stated administrative remedy.

Accordingly, the order dismissing the appellants’ inverse condemnation action is reversed, and this cause is remanded for proceedings consistent with this opinion.

ALTENBERND, A.C.J., and WHATLEY and STRINGER, JJ., Concur.

Reference

Full Case Name
126TH AVENUE LANDFILL, INC., a Florida corporation, and Richard L. Hain, Sr. v. PINELLAS COUNTY, a political subdivision of the State of Florida
Cited By
1 case
Status
Published