Land Use Law

Litigation

We have been actively involved in landmark litigation which defines the legal environment for resource planning and management. We have served as special or general counsel to public and private clients, including public interest groups, in litigation at the local, state and national levels. The following list of published opinions in which a member of the firm appeared as counsel of record or represented an amicus curiae illustrates the breadth and depth of the firm’s experience and capabilities in regard to complex land use and environmental litigation.

  • Department of Community Affairs v. City of Marathon, DOAH Case No. 04-3500GM [challenge to adopted comprehensive plan]
  • Florida Keys Citizens Coalition, Inc. ,& Last Stand, Inc. v. Florida Administration Commission & City of Marathon, DOAH Case No. 04-2755RP [proposed Administration Commission rule amending city's comprehensive plan not invalid exercise of delegated legislative authority]
  • Rossignol v. Village of Islamorada & Department of Community Affairs, DOAH Case No. 01-2409GM [comprehensive plan provisions limiting transient rental uses in residential areas supported by appropriate data and analysis]
  • Department of Community Affairs v. Village of Islamorada, DOAH Case No. 01-1216GM [challenge to adopted comprehensive plan]
  • St. Johns County v. Northeast Florida Builders Assoc., Inc. ,559 So. 2d 363 (Fla. 5th DCA 1990) (certified as a question of great public importance), quashed 583 So. 2d 635 (Fla.), reh'g denied (1991) (educational facilities impact fees)
  • GIisson et al. v. Alachua County, 558 So. 2d 1030 (Fla. 1st DCA 1990), rev. denied, 570 So. 2d 1304 (Fla, 1990) (environmental and historical preservation, not a taking)
  • Don's Porta Signs v. City of Clearwater, 829 F.2d 1051 (11th Cir. 1987), cert. denied, 485 U.S. 981 (1988) (ban on portable signs)
  • Kennedy et al. v. City of Boca Raton & Anchstone Internenor, 132 So. 3rd 347 (2014)
  • Hernandez v. City of Lafayette, 643 F.2d 1188 (5th Cir.), reh'g denied, 649 F.2d 336 (1981), cert. denied, 455 U.S. 907 (1982), appeal after remand, 699 F.2d 734 (5th Cir. 1983) (alleged civil rights violation)
  • Hernandez v. City of Lafayette, 399 So, 2d 1179 (La. Ct. App. 1981), writ denied, 401 So. 2d 1192 (La. 1981), appeal dismissed, 455 U.S. 901 (1982) (reasonableness of denial of rezoning)
  • Unity Ventures v. County of Lake, 841 F.2d 770 (7th Cir, 1988), cert. denied, Alter v. Schroeder, 488 U.S. 891 (1988) (denial of sewer service alleged to be a violation of anti-trust laws)
  • Graham v. Estuary Properties, Inc., 399 So. 2d 1374 (Fla.), reh's denied (1981), cert. denied
  • Taylor v. Graham, 454 U.S. 1083 (1981) (wetlands preservation and the taking issue)
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