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Save Our Homes Litigation Update:
August 10, 2007
This past spring, a proposed class of plaintiffs filed suit in the Lanning v. Pilcher case, against Okaloosa and Walton Counties, among others. The plaintiffs challenged the constitutionality of the Save Our Homes assessment cap on homestead properties under the Commerce, Equal Protection and the Privileges & Immunities Clauses of the U.S. Constitution. The complaint sought to certify a class of plaintiffs of out-of-state residential property owners and sought to certify a class of defendants to include ALL property taxing entities in the state, defined as "the ad valorem real property taxing authorities appraising, levying, implementing, collecting and benefiting from ad valorem property taxes in the remaining unnamed counties of Florida, exclusive of taxing authorities imposing less than 1 mill in ad valorem real property taxes." After a hearing on motions to dismiss, filed by the defendant governmental entities, the judge dismissed the complaint, opining that at least one case in Florida has already upheld the classification scheme of the Save Our Homes cap ("the Renish case") and that a U.S. Supreme Court case out of California has also upheld a similar cap, commonly known as "Prop 13" ("the Nordlinger case). The dismissal came on Monday, August 6. The court is still working on the written opinion. The defendant governmental entities anticipate that the plaintiffs will appeal the decision. (Delegal: gdelegal@fl-counties.com)