Condo Levels Sand Dune In Accordance with Modification Granted in ALJ Final Order

This summer, we 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. On October 17, Secretary Herschel T. Vinyard, Jr. issued a Final Order adopting the Recommended Order in its entirety and granting the Association's Modification.  In the Final Order, Secretary Vinyard acknowledged that there was competent substantial evidence of record supporting the decision in the Recommended Order.Last week, the Mayan Beach Club leveled the 176-foot long dune.

In addition to serving as Partner-in-Charge of the Broward Office, Mitch chairs the firm’s Eminent Domain Practice Group. The Group routinely represents private property and business owners in negotiations with government employees attempting to acquire properties and businesses. The Group also represents dozens of governmental entities, quasi-governmental entities, and utilities that acquire property rights. Susan serves as the Chair of our Public Land Use and Zoning Practice Group, which provide counsel and advice to local governments on a range of issues regarding comprehensive plans, land development regulations, site plans and building permits. Many of the Group’s attorneys are certified planners and Board-certified experts in the field of zoning.  Our Environmental Law Group, led by Partner Clifford A. Schulman, routinely represents business owners, developers, municipalities, water management districts, individuals, engineers and contractors in handling the latest and most complex environmental law issues.

Categories: Land Use & Zoning (Public)Environmental/SustainabilityCondominium AssociationsAdministrative Law
Tags: Condos and HOAsMitchell J. BurnsteinJoshua D. KrutClifford A. SchulmanSusan L. TrevarthenFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Condo Association LawFlorida Environmental Law