Defense of Multimillion-Dollar Inverse Condemnation Claims at Trial for Municipality
Defended a municipality in inverse condemnation and takings claims brought by beachfront property owners in parallel actions in state and federal court. As a member of the trial team, responsibilities included pretrial preparation and presentation of the municipality’s defense at bench trials in both forums. The litigation required coordinating a consistent defense across two courts against claims seeking millions of dollars in compensation. The municipality prevailed at trial in both cases, and the matters are currently on appeal.
Development Agreement Amendment and Default Resolution for Hotel Condominium Developer
Served as counsel to a hotel condominium developer in default under its development agreement with a municipality. Representation included evaluating the developer’s obligations and the municipality’s remedies under the agreement and conducting extensive negotiations with municipal officials over the terms of an amendment. The matter required reconciling the municipality’s interest in enforcing the agreement with the developer’s need for additional time, while resolving penalties that had already accrued. Resulted in an amended development agreement that extended performance deadlines, revised the developer’s ongoing obligations, and cured the default.
Summary Judgment in Beach Access Dedication Dispute for Municipality
Represented a municipality in litigation brought by members of the public claiming that a beach access parcel had been dedicated to public use under Florida’s road dedication statute, section 95.361, and the terms of a recorded plat. Representation included analyzing the plat and its dedication language, the statutory requirements for presumed dedication, and the history of the access, and presenting the municipality’s position on summary judgment. The matter turned on competing readings of the plat dedication and whether the statute’s requirements were met. Resulted in summary judgment in the municipality’s favor.
Dismissal of Statutory Way of Necessity Claim Against Agricultural Operation
Defended an agricultural operation against a statutory way of necessity claim brought by a neighboring landowner seeking access across the client’s property. Representation included analyzing the claim against the requirements of Florida’s statutory way of necessity provisions and moving to dismiss. The matter required protecting the client’s working agricultural land and ongoing operations from an imposed access route. Resulted in dismissal of the claim at the pleading stage.
Dismissal With Prejudice of Title and Easement Claims Against Professional Services Firm
Served as counsel to a professional services firm named as a defendant, alongside its former client, in litigation challenging the sufficiency of title work related to a property access easement. The claims arose from an easement that had been improperly executed decades earlier, and the plaintiff alleged that the firm’s title work failed to account for the defect. Representation included analyzing the history of the easement and the scope of the firm’s work and moving to dismiss the claims against the firm. Resulted in dismissal of the claims with prejudice.
Developer Substitution Under Municipal Development Agreement for Commercial Developer
Advised a commercial developer in connection with the substitution of a successor developer under its development agreement with a municipality. Representation included negotiating the terms of the substitution with the incoming developer and conducting extensive negotiations with municipal officials to secure the municipality’s consent. The matter involved allocating responsibility for past and future performance obligations among the outgoing developer, the incoming developer, and the municipality. Resulted in municipal approval of the substitution.
Summary Judgment in Sunshine Law and Public Records Act Litigation for Municipality
Represented a municipality defending against claims alleging violations of Florida’s Government in the Sunshine Law and Public Records Act. Representation included reviewing the municipality’s meeting communications and records practices and presenting its defense on summary judgment. The matter involved the overlapping requirements of both statutes, each of which carries distinct remedies and attorney’s fee exposure for public entities. Resulted in summary judgment in the municipality’s favor, and the matter is currently on appeal.
Successful Representation of Municipality in Fire Department Dispute
Obtained summary judgment for municipality in dispute with union-backed political action committee in which the PAC sought to block the creation of a municipal fire department.
Public Records, Sunshine Law, and Quasi-Judicial Procedure Training for Municipal Officials and Staff
Conducted multiple training sessions for elected officials, appointed board members, and staff across several municipalities on Florida’s Public Records Act, Sunshine Law, and quasi-judicial procedure. Presentations covered records retention and response obligations, permissible communications among board members, ex parte disclosures, and the evidentiary standards governing quasi-judicial hearings. Sessions were tailored to each audience, from legislative bodies and quasi-judicial review boards to the staff who support them. The presentations focused on reducing litigation exposure and supporting legally defensible municipal decisions.