Legal Challenge Falls Flat in Federal Court
The Heron Cove Association and individual homeowners initially sued in state court, arguing that the tax unfairly burdened property owners while providing minimal benefits beyond what the general public would receive.
After their state court claims failed, the plaintiffs repackaged their arguments and brought the fight to federal court—only to have Judge Leitman dismiss the case, citing due process protections in the original proceedings.
“The same issues were raised, and the same parties had a full and fair opportunity to litigate these matters,” Judge Leitman wrote in his opinion.
Takings Claims Rejected
Plaintiffs also argued that the special assessment amounted to an unconstitutional taking under federal law. But Judge Leitman ruled that they failed to prove the tax “substantially exceeds the benefits conferred” to any property.
“The plaintiffs’ one-sentence claim that the assessment is ‘substantially excessive’ lacks factual support,” he wrote, calling it a mere repetition of legal jargon rather than a valid argument.
