Garbo, Inc. v. City of Key West, Florida

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF
APPEALS
No. 05-12415 ELEVENTH CIRCUIT
Non-Argument Calendar JANUARY 17, 2006
________________________ THOMAS K. KAHN
CLERK
D. C. Docket No. 05-10006-CV-JLK
GARBO, INC., a Florida corporation,
GARY MICELI,
Plaintiffs-Appellants,
versus
CITY OF KEY WEST, FLORIDA,
of the State of Florida,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(January 17, 2006)
Before TJOFLAT, PRYOR and COX, Circuit Judges.
PER CURIAM:
Plaintiffs Garbo, Inc. and Gary Miceli appeal the judgment of the district court
dismissing with prejudice the entirety of their complaint against the City of Key West,
Florida. Having considered the briefs and relevant parts of the record, we agree with
the district court that the complaint should be dismissed for failure to state a claim
upon which relief can be granted.
Plaintiffs do not properly plead a cause of action for violation of their
substantive due process rights. See Greenbriar Village, L.L.C. v. Mountain Brook,
City, 345 F.3d 1258, 1262-63 (11th Cir. 2003). Neither can they maintain a claim for
violation of the Fifth Amendment because they did not pursue their remedies under
Florida law before bringing this action. Williamson Co. Regional Planning Comm'n
v. Hamilton Bank, 473 U.S. 172, 105 S. Ct. 3108 (1985).
The state law tort claim asserted by Plaintiffs was properly dismissed pursuant
to the doctrine of sovereign immunity. Finally, the Plaintiffs’ argument that the
district court erroneously dismissed their state law inverse condemnation claim is
meritless because the complaint includes no such claim.
The judgment of the district court is, therefore,
AFFIRMED.
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