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Mitch Burnstein Speaks at AEFP Fall Education Seminar

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Categories: Eminent DomainCommunity Outreach
Tags: Mitchell J. Burnstein

Joseph Serota & Mitchell Burnstein Named to Florida Trend's 2016 List of Legal Elite

Congratulations to Members Joseph Serota (Commercial Litigation) and Mitchell Burnstein (Eminent Domain) on being named to the Florida Trend's 2016 list of Legal Elite attorneys. 

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Categories: LitigationEminent DomainCommunity Outreach
Tags: Miami Commercial Litigation AttorneyFort Lauderdale Eminent Domain Attorneys

Florida Trend Legal Elite

We are very proud to announce that Joe Serota & Mitch Burnstein from Weiss Serota Helfman Cole & Bierman have been named to the 2015 Florida Trend Legal Elite list.  Congratulations to them both!

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Categories: LitigationEminent Domain
Tags: Mitchell J. BurnsteinJoseph H. SerotaSouth Florida Litigators

Mitchell Bierman and Mitchell Burnstein named partners-in-charge

Weiss Serota Helfman Cole & Bierman announced that partners Mitchell Bierman and Mitchell Burnstein were named partners-in-charge for the firm.   

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Categories: Government AffairsEminent Domain
Tags: Mitchell A. BiermanMitchell J. Burnstein

Eminent Domain – A Critical Practice Area

Eminent domain has become an essential practice area for firms that focus on property and private property rights.

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Categories: Eminent Domain
Tags: Mitchell A. Bierman

WSH Re-Elects Members Mitch Burnstein and Michael Popok As Partners-in-Charge, Mitch Bierman and Michael Popok to Strategic Development Committee

WSH is proud to announce that Members Mitchell J. Burnstein and Michael S. Popok have been reelected as Partners-in-Charge of WSH’s Broward and Miami-Dade offices, respectively. Mitch and Michael are both members of WSH’s Litigation Division. As Chair of WSH’s Eminent Domain Group, Mitch has served as lead counsel in hundreds of condemnation matters throughout Florida on behalf of public sector clients, private property owners, businesses, and utilities. A past Chair of the Litigation Division, Michael has extensive experience handling complex business litigation, construction litigation, municipal/governmental litigation, real estate law, and copyright and trademark infringement matters before Federal and State courts in Florida. In addition, Michael has been reelected to serve on WSH’s Strategic Development Committee, along with Member Mitchell A. Bierman. Mitch chairs the Firm’s Airports and Aviation Services Group, which is a special practice in airport law representing airports and airport-related businesses. Mitch handles government affairs and administrative law matters for major international companies in the transportation, environmental and solid waste, and engineering and construction industries.

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Categories: LitigationAirports and AviationAwards & RecognitionsEminent DomainBusiness
Tags: Mitchell A. BiermanMitchell J. BurnsteinJamie A. ColeEdward G. GuedesEric P. HockmanAleida Martinez MolinaMichael S. PopokJoseph H. SerotaPeter D. WaldmanRichard Jay WeissFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Litigation AttorneyRoger S. Kobert
Author(s): Brooke P. Dolara

Supreme Court Hears Oral Arguments in Koontz Property Rights Case

On January 15, the Supreme Court heard oral arguments in Koontz v. St. Johns Water Management District. The Court granted certiorari to the appellant last October. The case involves Cory Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District. The question presented in Koontz is whether a governmental entity’s denial of a permit can be the basis for a regulatory takings claim when it is denied solely because the landowner refused to agree to proposed conditions to the permit. The Court would also determine whether the decisions reached in Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L.Ed. 2d 677 (1987) (holding that there must be an essential “nexus” between the permitted activity and the condition imposed on the permit) and Dolan v. City of Tigard, 512 U.S. f374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994) (requiring “rough proportionality” between the condition placed on the land and the extent of the impact of the proposed development”) are applicable to the present case, which involved no requirement to dedicate an interest in real property. In its 2011 decision, the Florida Supreme Court held that the Nollan/Dolan cases both involved the grant of permits rather than permit denials, and were only applicable where the condition imposed on the permit involves a dedication of the owner’s real property interest.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain Attorney
Author(s): Susan L. Trevarthen & Peter D. Waldman

WSH Obtains Favorable Final Order in Significant Environmental Law Matter for Condominium Association

This summer, WSH reported on a favorable decision in an administrative proceeding that WSH Members Mitchell J. Burnstein and Susan L. Trevarthen obtained on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. Specifically, the challengers alleged that the dune contained an endangered species of plant known as the beach star, helped prevent coastal erosion of the shoreline, and provided a nesting habitat for species of marine turtles that are protected under state law. The Association and the Department of Environmental Protection (“DEP”) countered that the Association had agreed to partner with the City of Fort Lauderdale as part of a dune restoration project at the Palms Condominium, under which a stretch of beach would harbor several endangered species of vegetation. The Association and DEP also argued that neighboring beach areas provided nesting habitats for the turtles. On August 25, Florida Administrative Judge David Maloney recommended that the DEP enter a final order issuing the Modification. In his opinion, Judge Maloney stated that there was no evidence that the adjacent beaches provided inferior protection for the sea turtles or endangered vegetation. He also held that the facts did not support a finding that the dune prevented coastal erosion, since it lacked the height or continuity along the shore needed to be considered a “significant dune.”

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLand Use & Zoning (Private)Eminent Domain
Tags: Mitchell J. BurnsteinJoshua D. KrutClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental Law
Author(s): Brooke P. Dolara

U.S. Supreme Court Will Hear Widely-Publicized Florida Case Involving Rules on Exactions and Inverse Condemnation

On October 5, the United States Supreme Court granted a petition for certiorari filed on behalf of the plaintiff in Koontz v. St. Johns Water Management District.  Oral arguments will be scheduled in the coming months. The case involves Coy Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationAppellate Law & PracticeLand Use & Zoning (Private)Federal CourtsConstitutional LawEminent DomainAdministrative Law
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesGilberto PastorizaMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida LitigatorsFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Susan L. Trevarthen & Brooke P. Dolara

ALJ Recommended Order OKs Condominium Association Plan to Level Sand Dune

WSH Members Mitchell J. Burnstein and Susan L. Trevarthen recently obtained a favorable decision in an administrative proceeding on behalf of the Mayan Beach Club (“Association”). The case arose when Broward County and the Sea Turtle Oversight Protection (“STOP”) challenged a modification to an Association permit that would level a 176-foot sand dune, arguing that the dune provided significant environmental protection and should not be destroyed for the purpose of providing a more desirable ocean view for the Association’s owners. Specifically, the challengers alleged that the dune contained an endangered species of plant known as the beach star, helped prevent coastal erosion of the shoreline, and provided a nesting habitat for species of marine turtles that are protected under state law. The Association and the Department of Environmental Protection (“DEP”) countered that the Association had agreed to partner with the City of Fort Lauderdale as part of a dune restoration project at the Palms Condominium, under which a stretch of beach would harbor several endangered species of vegetation. The Association and DEP also argued that neighboring beach areas provided nesting habitats for the turtles. On August 25, Florida Administrative Judge David Maloney recommended that the DEP enter a final order issuing the Modification. In his opinion, Judge Maloney stated that there was no evidence that the adjacent beaches provided inferior protection for the sea turtles or endangered vegetation. He also held that the facts did not support a finding that the dune prevented coastal erosion, since it lacked the height or continuity along the shore needed to be considered a “significant dune.”

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Categories: Environmental/SustainabilityLand Use & Zoning (Private)Eminent DomainAdministrative Law
Tags: Mitchell J. BurnsteinClifford A. SchulmanSusan L. TrevarthenMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental LawMiami Eminent Domain Attorney
Author(s): Brooke P. Dolara