Case Citator › Albrecht v. State

Albrecht v. State

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Supreme Court of Florida
Citation
444 So. 2d 8
Decided
Confirmed treatments
1
Flagged citations read
28 of 28
Citing cases (total)
28
Treatment dates
1984
Superseded by statute
A reviewed court treats this case as superseded by later legislation. Albrecht v. State was superseded by statute on its administrative appeal requirement. All 28 flagged citations have been read.
More on how this was screened

Bowen v. Florida Department of Environmental Regulation held that section 253.763(2) permits an inverse condemnation suit after final agency action without the additional appeal to the Board of Trustees that Albrecht had approved. Albrecht's separate cause of action and res judicata analysis remains in use; the statutory change is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

28 later cases cite Albrecht v. State; 28 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Superseded by statute

  • Held that section 253.763(2) removed the requirement of appealing a final permit denial to the Board of Trustees before bringing an inverse condemnation action in circuit court.

    Bowen v. Florida Department of Environmental Regulation · Florida Second District Court of Appeal · filed

    We find, therefore, that section 253.763(2) alters the case law as established by Key Haven, and later approved in Albrecht v. State, 444 So.2d 8 (Fla.1984). (Albrecht also arose prior to the enactment of section 253.763.) We see no indication now that the plain meaning of “final agency action,” as used in the statute, should be extended to include an appeal to TIIF. Inverse condemnation actions cannot be adjudicated by administrative boards or agencies. We conclude that section 253.763(2) merely short-circuits the *569procedure of administrative appeal to TIIF required by Key Haven.
    Read the full opinion on CourtListener →

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