Whether a claim that a local ordinance effected a regulatory taking upon enactment remains unripe until the landowner asks the local government for permission to develop his property in ways the ordinance plainly prohibits

Fane Lozman has a contentious relationship with the City of Riviera Beach, Florida . The City’s mistreatment of Mr. Lozman has twice required this Court’s intervention. See Lozman v. City of Riviera Beach , 568 U.S. 115 (2013) ; Lozman v. City of Riviera Beach , 585 U.S. 87 (2018) . In this third chapter, Mr. Lozman was forced to sue the City because its land -use restrictions have deprived his waterfront property of all economically beneficial use, causing a taking under Lucas v. South Carolina Coastal Council , 505 U.S. 1003 (1992) . The controlling City ordinance is clear: He can use t his property for “[p]rivate residential fishing or viewing platforms ” and small “ docks for non -motorized boats ,” and nothing else. Yet t he Eleventh Circuit held Mr. Lozman’s Lucas claim unripe. In the court’s view, because these scant private uses are permissible , Mr. Lozman must apply to the City for a “final decision” on how he can use his property . The questions presented are: 1. Whether a claim that a local ordinance effect ed a regulatory taking upon enactment remains unripe until the landowner asks the local government for permission to develop his property in ways the ordinance plainly prohibits. 2. Whether a regulation that forbids any economically beneficial use causes a taking under Lucas, regardless of the property’s residual value.