DESTIN, Fla. (WKRG) — The Destin Fishing Fleet Inc. sued the Metropolis of Destin for allegations of violating the Bert J. Harris Act Personal Property Act, which permits for compensation if authorities laws diminish the worth of the personal property. DFF was searching for $15 million {dollars} within the case.
In a virtually five-year authorized battle, the Courtroom dominated on Jan. 31, 2023, that the Metropolis of Destin didn’t violate the Harris Act.
DFF’s 3.2-acre plot of land at 210 Harbor Blvd comprises a marina, an workplace constructing and Brotula’s Seafood Hosue and Steamer. DFF claimed the Metropolis violated its rights when the Metropolis Council handed the Complete Plan Modification in 2018, limiting the peak of buildings within the metropolis to 6 tales or much less.
The lawsuit sparked from a constructing proposal in 2009 when DFF utilized to construct a 16-story constructing to include largely resort rooms. Metropolis Council denied the plan.
Complete plan amendments handed in 2010 and 2015 then restricted resort lodging for all buildings in Metropolis limits, making DFF’s proposal out of the query. DFF didn’t apply once more for improvement following the 2010 and 2015 adjustments.
DFF claimed the peak restriction accredited beneath the 2018 amendments prompted the lot to lose property worth and filed the lawsuit.
The Courtroom ruling states the Metropolis of Destin prevailed on all accounts and that the Metropolis didn’t violate the Harris Act or trigger an “inordinate burden or precluded the [Fleet] from attaining ‘any cheap, investment-backed expectation’ on the property.”
The Courtroom discovered that Destin is now entitled to its prices and attorneys’ charges and should search an award of these prices and charges in opposition to DFF.
DFF has 30 days to enchantment the Courtroom’s choice. DFF is the one group to sue the Metropolis beneath the Bert J. Harris Personal Property Act.
The Metropolis launched Wednesday that the Courtroom ruling is being thought of a landmark case.
WKRG Information 5 has reached out to the DFF consultant for a response to the ruling and has not heard again.
