GSK Hollywood Development Group, LLC v. City of Hollywood, Florida

Summary

The Florida Fourth District Court of Appeal held that a property owner could not maintain a claim under the then-existing version of the Bert J. Harris, Jr. Private Property Rights Protection Act without formally applying for a permit, variance, or other relief. Because GSK Hollywood Development Group did not make such an application before filing suit, the court concluded that the City had not specifically applied the height ordinance to GSK's property and that the claim was not ripe. The court reversed the judgment in GSK's favor and remanded with instructions to enter judgment for the City.

Holdings

1. Under the version of the Harris Act governing this dispute, a claim based on building restrictions does not accrue unless the property owner formally applies to develop the property, thereby allowing the governmental entity to specifically apply the law or ordinance to the property.
2. The City's enactment of the generally applicable height ordinance did not constitute the specific application of the ordinance to GSK's property required for a Harris Act claim.
3. GSK's Harris Act claim was not ripe because the City had not taken specific action applying the height ordinance to GSK's property.

Questions Presented

1. Whether a property owner may maintain a claim under the then-existing version of the Harris Act without formally applying to develop the property or seeking a permit, variance, waiver, or other formal relief.
2. Whether the City's enactment of a generally applicable building-height ordinance, without applying it through a specific development decision concerning GSK's property, constituted an actionable governmental action under the Harris Act.
3. Whether GSK's Harris Act claim was ripe when filed.

Disposition

reversed_and_remanded