Florida District Courts of Appeal, 2000

126th Avenue Landfill, Inc. v. Pinellas County

Florida District Courts of Appeal · Decided April 19, 2000 · Altenbernd, Stringer, Whatley

758 So. 2d 721; 2000 Fla. App. LEXIS 4547; 2000 WL 389993 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

126th Avenue Landfill, Inc. v. Pinellas County, Florida (11th Cir. 2012)

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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.

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