Claire W. Anthony, et al. v. Franklin County and Willis "Bill" Collins, et al.

Summary

The Eleventh Circuit affirmed dismissal of property owners' claims arising from Franklin County's discontinuation of ferry service to Dog Island, Florida. The court held that the takings claim was premature because Florida provided an adequate inverse-condemnation remedy, and that ending publicly funded ferry service did not deprive the owners of access to their property or violate substantive due process or equal protection.

Holdings

1. A property owner may not bring a federal takings claim under 42 U.S.C. § 1983 until the owner has pursued available and adequate state procedures for obtaining just compensation and has been denied compensation.
2. Discontinuation of county-operated ferry service did not deprive appellants of a property interest or violate substantive due process because the county withdrew a publicly funded transportation benefit without obstructing physical access to the property.
3. Appellants failed to state an equal protection claim because they did not identify a county service made unavailable by the ferry's discontinuation, and the claim was substantively another version of their rejected takings and due process claims.

Questions Presented

1. Whether appellants' federal takings claim was premature because Florida provided an adequate inverse-condemnation remedy.
2. Whether discontinuation of county-operated ferry service deprived appellants of a property interest in violation of substantive due process.
3. Whether the county's taxation and provision of public services violated equal protection.

Disposition

affirmed