A Florida appeals court ruled that Dean Wish, LLC, cannot pursue its claim against Lee County after the company lost its legal title to property involved in the case. This decision affects property rights and the interpretation of the Bert J. Harris, Jr., Private Property Rights Protection Act, which protects property owners from government actions that impose burdens on their land.

The case, Dean Wish, LLC v. Lee County, Florida, was filed in the District Court of Appeal of Florida, with the docket number 2D19-4843. The court's ruling was issued on October 6, 2021, following a series of legal challenges regarding property rights and government regulations.

Background

Dean Wish, LLC, was formed by Edward Dean and Gary Wishnatzki in 2010. The company acquired 55 parcels of land on Pine Island in Lee County, Florida, with plans for farming and residential development. However, in 2003, Lee County changed the zoning designation of the land from "Rural" to "Coastal Rural," which significantly reduced the allowed residential density from one dwelling unit per acre to one dwelling unit per ten acres.

In 2006, Dean and others filed a lawsuit against Lee County, arguing that the zoning change imposed an inordinate burden on their property rights under the Bert Harris Act. The trial court dismissed the case, stating the claim was not ripe because the density reduction had not yet been applied. Over the years, the land changed ownership multiple times, eventually leading to the formation of Dean Wish.

In 2015, Dean Wish submitted a development application to Lee County, seeking an increase in density for the Coastal Rural lands. However, the county denied the application, leading Dean Wish to file a notice of claim under the Bert Harris Act in 2016, asserting a loss exceeding $9 million due to the zoning changes. The company later filed a lawsuit against Lee County in January 2017.

The Ruling

The court ruled in favor of Lee County, stating that Dean Wish could not maintain its claim under the Bert Harris Act because it no longer held legal title to the property in question. The ruling emphasized that the Act requires the claimant to be the current legal title holder of the property to seek relief. Judge LaRose stated, "The plain language of the [Act] requires a [claimant] to be the current legal title holder of the property that is the subject of a Bert Harris claim in order to avail itself of the remedies offered by the [Act]."

The trial court had previously granted summary judgment in favor of Lee County, asserting that Dean Wish's sale of the property during the litigation process disqualified it from pursuing claims under the Act. The ruling highlighted that the Act uses present tense language, indicating that only those who currently hold legal title can claim relief.

Impact

This ruling has significant implications for property rights in Florida. It clarifies that property owners must retain legal title throughout any litigation related to claims under the Bert Harris Act. This decision may discourage property owners from selling their land while pursuing claims against government entities, as doing so could jeopardize their ability to seek legal remedies.

The ruling also reinforces the importance of statutory language in legal interpretations. By adhering strictly to the Act's definitions and requirements, the court emphasized the need for claimants to understand their rights and obligations under property law. This case may set a precedent for future cases involving property rights and government regulations, potentially influencing how property owners approach similar disputes.

What’s Next

Dean Wish has the option to appeal the ruling, although details on any potential appeal were not available in the court filing. Additionally, the case may prompt further legislative discussions regarding property rights and the Bert Harris Act, especially in light of recent amendments to the statute.