[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-11119 ____________________

FANE LOZMAN, Plaintiff-Appellant, versus CITY OF RIVIERA BEACH, FLORIDA,

Defendant-Appellee.

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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 9:22-cv-80118-DMM ____________________ USCA11 Case: 23-11119 Document: 76-1 Date Filed: 10/16/2024 Page: 2 of 13

2 Opinion of the Court 23-11119

Before WILLIAM PRYOR, Chief Judge, and LUCK and HULL, Circuit Judges. WILLIAM PRYOR, Chief Judge: This appeal requires us to decide whether a property owner’s complaint that a city’s comprehensive plan and ordinance caused a taking of his property is ripe for judicial review. Fane Loz- man owns a parcel of submerged land and upland in the City of Riviera Beach, Florida. After the city enacted a comprehensive plan and ordinance that restricted development, Lozman sued Riviera Beach on the ground that the city deprived his parcel of all benefi- cial economic use or value without just compensation. See 42 U.S.C. § 1983. The district court granted summary judgment for Riviera Beach. Yet Lozman has not applied for a permit, variance, or rezoning from Riviera Beach to understand the “nature and ex- tent” of permitted development on his land. Because Lozman has not received a final, written denial of an application for the devel- opment of his land from Riviera Beach, his claim is not ripe for judicial review. So we vacate and remand with instructions to dis- miss his complaint without prejudice for lack of subject-matter ju- risdiction. I. BACKGROUND In 2014, Fane Lozman purchased property in the City of Riv- iera Beach, Florida. A title defect prevents Lozman from establish- ing the dimensions of his property. But the district court approxi- mated that he owns 7.75 acres total—7.55 acres of submerged land USCA11 Case: 23-11119 Document: 76-1 Date Filed: 10/16/2024 Page: 3 of 13

23-11119 Opinion of the Court 3

within the Lake Worth Lagoon and 0.20 acres of upland. Only a sliver of Lozman’s property is above water. More than 20 years before Lozman purchased his parcel, the City of Riviera Beach adopted a comprehensive plan governing de- velopment in the city. The 1991 comprehensive plan created a “Spe- cial Preservation Future Land Use” designation which “preclude[d] any development of [s]ubmerged [l]ands . . . to the maximum ex- tent permissible by law.” But the comprehensive plan was amended in 2010 to permit the development of “[p]rivate residential fishing or viewing platforms and docks for non-motorized boats.” The sole exception to the plan’s development restrictions is the “savings clause,” which provides that the plan “shall not be construed nor implemented to impair or preclude judicially determined vested rights to develop or alter submerged lands.” In 2021, the plan was amended to create a density restriction for savings clause proper- ties, only allowing “a density of one unit per 20 acres” for those