MOTION FOR CERTIFICATION GRANTED 10/14/2011

 

Today (October 14, 2011) the First District Court of Appeal has certified to the Florida Supreme Court a question related to the taxation of leasehold improvements on Pensacola Beach as of matter of great public importance.  This is GOOD NEWS!

The Court certified the following question of great public importance:

Whether the appellant leaseholders are equitable owners of the leasehold improvements on the subject real property when they have neither a perpetual lease of the underlying real property nor an option to purchase such property for nominal value.

 

Our attorney, Danny Kepner, will now petition the Florida Supreme Court to consider our case.  The Supreme Court can decline, but this action by the First District Court of Appeal improves our chances of being heard at the court of last resort.

 

No other case involving taxation of the improvements on Pensacola Beach or Navarre Beach has made it to the Supreme Court.  None of the other Pensacola Beach cases on improvements could even ask for consideration by the Supreme Court, because the decisions by the lower court were simply affirmed by the appeals court.

 

Plaintiffs in this case should expect to receive correspondence from Shell, Fleming, Davis & Menge in the very near future.  We have reason to hope that we will still see justice served concerning taxation of leaseholds on Pensacola Beach.

 

Click to see the written order