SC09-713 – St. Johns River Water Management District v. Coy A. Koontz, Etc.

State: Florida

Docket No: SC09-713

Case Date: 11/03/2011

Preview:Supreme Court of Florida
____________ No. SC09-713 ____________ ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, Petitioner, vs. COY A. KOONTZ, etc., Respondent. [November 3, 2011] LEWIS, J. This case is before the Court for review of the decision of the Fifth District Court of Appeal in St. Johns River Water Management District v. Koontz, 5 So. 3d 8 (Fla. 5th DCA 2009) (Koontz IV). In its decision, the Fifth District construed provisions of the state and federal constitutions. The district court also certified a question to be of great public importance, which we have rephrased as follows: DO THE FIFTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND ARTICLE X, SECTION 6(a) OF THE FLORIDA CONSTITUTION RECOGNIZE AN EXACTIONS TAKING UNDER THE HOLDINGS OF NOLLAN V. CALIFORNIA COASTAL COMMISSION, 483 U.S. 825 (1987), AND DOLAN V. CITY OF TIGARD, 512 U.S. 374 (1994), WHERE THERE IS NO COMPELLED DEDICATION OF ANY INTEREST IN REAL PROPERTY TO PUBLIC USE AND THE ALLEGED

EXACTION IS A NON LAND-USE MONETARY CONDITION FOR PERMIT APPROVAL WHICH NEVER OCCURS AND NO PERMIT IS EVER ISSUED?[1] We have jurisdiction. See art. V,

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