Garbo, Inc. v. City of Key West, Florida

U.S. Court of Appeals for the Eleventh Circuit
Garbo, Inc. v. City of Key West, Florida, 162 F. App'x 905 (11th Cir. 2006)
Cox, Per Curiam, Pryor, Tjoflat

Garbo, Inc. v. City of Key West, Florida

Opinion

PER CURIAM:

Plaintiffs Garbo, Inc. and Gary Miceli appeal the judgment of the district court dismissing with prejudice the entirety of their complaint against the City of Key *906 West, Florida. Having considered the briefs and relevant parts of the record, we agree with the district court that the complaint should be dismissed for failure to state a claim upon which relief can be granted.

Plaintiffs do not properly plead a cause of action for violation of their substantive due process rights. See Greenbriar Village, L.L.C. v. Mountain Brook, City, 345 F.3d 1258, 1262-63 (11th Cir. 2003). Neither can they maintain a claim for violation of the Fifth Amendment because they did not pursue their remedies under Florida law before bringing this action. Williamson Co. Regional Planning Comm’n v. Hamilton Bank, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985).

The state law tort claim asserted by Plaintiffs was properly dismissed pursuant to the doctrine of sovereign immunity. Finally, the Plaintiffs’ argument that the district court erroneously dismissed their state law inverse condemnation claim is meritless because the complaint includes no such claim.

The judgment of the district court is, therefore,

AFFIRMED.

Reference

Full Case Name
GARBO, INC., a Florida Corporation, Gary Miceli, Plaintiffs-Appellants, v. CITY OF KEY WEST, FLORIDA, of the State of Florida, Defendant-Appellee
Status
Unpublished