VLX Properties, Inc. v. Southern States Utilities, Inc.

We grant en banc review of a panel opinion which reversed the trial court's decision
that inverse condemnation had not been established because the trial court, the panel
determined, had applied the wrong standard. The panel decision was based on our
previous decision in this case, VLX Properties, Inc. v. Southern States Utilities, Inc., 701
So. 2d 391 (Fla. 5th DCA 1997), hereinafter referred to as "VLX1." Because we find that
this court erred in VLX1 and that to adhere to that decision would work "a manifest injustice," we recede from VLX1 and thereby affirm the decision on appeal. See Strazzulla
v. Hendrick, 177 So. 2d 1 (Fla. 1965).
VLX is currently the owner of certain property which includes a portion of James
Pond, the "property" at issue in this case. VLX obtained its interest from Lawyers Title
Investment Fund (hereinafter "Lawyers") after the alleged acts relied on for inverse
condemnation. James Pond is partially on property previously conveyed to Glen Abbey
Golf Course, Inc. (hereinafter "Glen Abbey") for use in its golf course operation. The
ownership of that portion of the pond not included in the sale to Glen Abbey remained
under the ownership of Lawyers or other adjacent land owners.
Glen Abbey had for years irrigated its golf course from wells. However, when
reclaimed water became available in the area, Glen Abbey was administratively prohibited
from continuing to draw down ground water and was required to use reclaimed water to
irrigate its golf course. It contracted with Southern States Utilities, Inc. (Southern States)
to provide the irrigation services. ***

Affirmed.

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