The following representative cases involve the representation of municipalities, condemning authorities, individuals, property owners, and developers.
Statewide Zoning for Multinational E-commerce Company
Retained by a global internet commerce corporation to represent in regards to the interpretation and application of zoning codes associated with the location of Warehouse/distribution facilities in multiple cities and counties in Florida.
Residential Subdivision & Mixed-Use Development
Zoning
Represented a local developer to obtain Martin County zoning approvals for the residential and the mixed-use development projects.
Martin County Land Holdings and 6,0000 Acre Development of Regional Impact (DRI)
Advised Fortune 500 company on planning issues associated with the development of its vast landholdings in southern Martin County and Hutchinson Island.
Land Use & Zoning in Large-Scale Palm Beach County Development of Regional Impact (DRI) Projects
Served as Regional Planner responsible for the review of numerous DRIs in Palm Beach County, including the expansion of Palm Beach International Airport, the Gardens Mall, Motorola, the Palm Beach Park of Commerce, PGA National, and the Vista Center.
Implementation of Redevelopment Master Plans for Community Redevelopment Agencies
Continuing representation of three community redevelopment agencies in the implementation of their redevelopment master plans. This continuing representation requires the review of planning documents and the creation of zoning regulations to facilitate the development of mixed use districts, and to encourage infill residential development, and incentives for economic development.
Comprehensive Planning Land Development Regulations and Zoning Codes for Municipality
Provided counsel to planning and zoning staff and consultants on several ambitious amendments of the Town of Jupiter’s Comprehensive Plan and Land Development Regulations for Abacoa, Indiantown Road, U.S. Highway One/Intracoastal Waterway, and the Scripps Florida Bio-Science Overlay Zoning Plans. Developed in conjunction with the Town’s planners, a form-based mixed-use code and two Development Order for the Abacoa DRI, and mixed-use land development regulations for the Jupiter Inlet Village.
Municipal Review of Utility Sale
Document review on behalf of the City of Clewiston, who as part of a municipal consortium of cities, approved the proposed sale of the City of Vero Beach’s electric utility to Florida Power & Light.
South Florida Port District Condemnation
Representation of the Port of Palm Beach District in the Skypass condemnation, a project to unite Port property east and west of U.S. Highway One, permitting safer and faster rail and road connections to the Port.
Eminent Domain Proceedings in FDOT Expansion Project
Representation of the Town of Jupiter, a defendant in multiple eminent domain proceedings, as the result of FDOT-initiated taking of properties for the expansion of the Indiantown Road bridge and improvements to U.S. Highway One and Coastal Way.
Representation of the Palm Beach County School District Condemnation Matter
Representation of the Palm Beach County School District, the Port of Palm Beach District, and the Westgate/Belvedere Homes Community Redevelopment Agency in matters relating to the condemnation of properties for public usage.
Successful Defense Against Zoning and Inverse Condemnation Claims by Car Dealership
Defense of the Town of Jupiter in regard to the Town’s Indiantown Road Overlay Zoning District which prohibits, among uses, auto dealerships. All told, two property owners challenged the Town in six different cases in federal and state courts and administrative law proceedings. The Town prevailed in all of these cases.
Successful Defense of Municipality in DRI Zoning and Land Use Dispute
Representation of the Town of Jupiter in a 52-count Complaint in federal court by developer involving constitutional challenges of takings, equal protection and due process seeking damages, a consistency action, and zoning claims of arbitrary and capriciousness. The Town prevailed on a Summary Judgment, subsequently affirmed by the 11th Circuit Court of appeals.
Defense of Municipality in Landowner Taking Claim
Representation of the Town of Jupiter in state court against a landowner’s claim of a temporary taking of a 12-acre spoil island in the Jupiter River due to the Town's refusal to timely issue a clearing permit for the island. A trial court held in favor of the Town; however, the Fourth District reversed and remanded the case for further determination as to elements of the taking claim. On remand, the Circuit Court found a taking; however, on appeal, the 4th District Court of Appeal reversed the trial court’s order finding a temporary taking and remanded the case for entry of a final judgment in favor of the Town.
Successful Representation of Landowner Against Water Control District
Representation of large landowner in dispute against water control district concerning the existence of an easement over client’s property for recreation trails and canal maintenance. Obtained summary judgment in favor of client, in which the court concluded that a Special Act of the Florida Legislature could not be applied retroactively against landowner, preventing the water control district and municipality from acquiring an easement over client’s property.
Municipality Prevailed in Adult Entertainment Business Closure
Successful representation of the Village of North Palm Beach in a two-count complaint seeking injunctive and declaratory relief prohibiting the operation of an adult entertainment business. A counterclaim was filed seeking a declaratory judgment declaring the Village’s adult entertainment regulation unconstitutional. The trial court held that reasonable avenues for communication for adult entertainment were available under the Village’ regulations. The court entered a Final Judgment upholding the constitutionality of the Village’s regulations and requiring the business to immediately cease operation as an adult dancing business within the Village. The Fourth District Court of Appeal affirmed the trial court’s Final Judgment.
Municipality Prevails in Zoning Challenge
Representation of Palm Beach County following a zoning approval for a mini-warehouse facility, after which an adjacent property owner challenged the approval as being inconsistent with the County's Comprehensive Plan. The County prevailed at trial and on appeal to the Fourth District Court of Appeal.
County Prevails in District Court Appeal over Zoning Challenge
Representation of Palm Beach County in property owner appeal in the Circuit Court following denial of rezoning from residential to commercial. The Court reversed the County Commission’s denial of the rezoning. The County appealed and the Fourth District Court of Appeal reversed the Circuit Court. An appeal of the Fourth District Court of Appeal’s opinion was taken to the Florida Supreme Court and the County prevailed.
District Court Affirms Town Council Authority to Rehear Appeal
Representation of a Town Council in a matter involving a resident’s permitting request. The Town Council considered a resident’s appeal of a determination by the Town’s Community Development Director that the resident’s construction of a boat canopy was a major amendment to the Planned Unit Development which included a marina. The Town Council initially disagreed with the Director’s decision, which meant that a building permit had to be issued for construction of the boat canopy. Upon being presented with further information, the Council elected to conduct a rehearing. Before a date for the rehearing was set, and a Final Order was entered by the Council, the property owner filed suit alleging in his Writ of Prohibition that the Town was prohibited from reconsidering its decision. The Trial Court determined the Council had the authority to rehear the appeal and the Fourth District Court of Appeal affirmed.
