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House Bill 937: Give Me a Break! (At Least a Little One on Advertising Costs)

Section 50.061, Florida Statutes regulates the amount a publisher of a newspaper can charge local governments for the publishing of any and all official public notices or legal advertisements. The cost of advertisements can vary in price from a couple hundred dollars to several thousand dollars for a comprehensive plan amendment and certain government initiated zoning ordinances. Over the last couple of years, the Florida Legislature has considered several different bills that would help to reduce the cost of publishing legal advertisements. On May 4, 2012, the Governor signed House Bill 937 (the “Bill”), which may provide some relief to local governments when publishing an advertisement that requires multiple publications.

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Categories: Land Use & Zoning (Public)Government Affairs
Tags: Chad S. FriedmanSusan L. TrevarthenFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs Attorneys
Author(s): Chad S. Friedman

Eleventh Circuit Upholds County's Nude Dancing Ban, Despite Strip Club's Unsavory Allegations Against Lower Court Judge

The Eleventh Circuit recently upheld a Spaulding County, Georgia ordinance banning nude dancing in places where alcohol is sold. In holding for the County, the Court also upheld the Order of Summary Judgment by the District Court Jack Camp, a judge who was all-too familiar with the subject matter of after-hours entertainment.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentFederal LawFederal Courts
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokSusan L. TrevarthenFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsEleventh Circuit Court of AppealsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Litigators Obtain Victory in North Bay Village First Amendment Challenge

On June 12, Judge Ungaro of the Federal Southern District of Florida, granted the City of North Bay Village's motion for summary judgment seeking the dismissal on standing grounds of a First Amendment challenge to the City's Land Use Code. Applicant Isle of Dreams, Inc., which has indicated that it would like to operate an adult-use nightclub, filed its suit without first applying for and obtaining a decision on a site plan application. Without that, the Court ruled, Isle of Dreams had no standing to raise any constitutional challenges to the City's Land Use Code. Congratulations to WSH litigators Edward G. Guedes, Matthew H. Mandel and Michael S. Popok, and land use attorneys' Stephen J. Helfman, Susan L. Trevarthen and City Attorney Nina L. Boniske on the victory.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsLocal GovernmentLand Use & Zoning (Private)Constitutional Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentNina L. BoniskeJamie A. ColeEdward G. GuedesStephen J. HelfmanMichael S. PopokJoseph H. SerotaSusan L. TrevarthenFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFirst AmendmentFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Michael S. Popok

Florida DOT Starts Sending Letters for State Road 7/US 441 Project

The State of Florida Department of Transportation has started to send Owner Notification letters for its State Road 7/US 441 Project from North of Fillmore to South of Stirling Road in Hollywood. This is a significant project, which will impact many commercial properties and the businesses located on those properties. Since Florida is a full compensation State the Department of Transportation is responsible for paying the attorney’s fees and costs of affected property owners, which includes businesses. The attorney’s fees and costs provisions put property owners on an “equal footing” with condemning authorities in ensuring that they are fully compensated for the taking of their properties. Now is the time for property owners and business owners that are being impacted by the State Road 7 project to seek representation by experienced eminent domain counsel.

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Categories: Land Use & Zoning (Public)Land Use & Zoning (Private)Eminent Domain
Tags: Mitchell A. BiermanPeter D. WaldmanSouth Florida Private Transactions AttorneysSouth Florida Private Transactions LawyersFort Lauderdale Private Transactions AttorneysMiami Private Transactions AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Fort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysMiami Eminent Domain Attorney
Author(s): Peter D. Waldman

A Sad Day for Growth Management in South Florida

John M. DeGrove, the father of growth management in Florida and many other states, recently passed away at age 87. As one of the hundreds of planners, policymakers and attorneys around the state who got their start working with Dr. DeGrove, I can attest that the state and the planning profession have suffered a great loss. A political scientist by training, he was a planner by choice. While he held high ideals, he was a pragmatist, and more than willing to work across party lines and find consensus on solutions to protect and improve the quality of life in Florida. While we can look back from this point and regret what may not have worked as intended, in large part because it was never funded properly by the Florida Legislature, we must not lose sight of what was accomplished under the 1985 Growth Management Act. The state has chosen to move on from Dr. DeGrove’s brand of growth management, but it will always benefit from the many poor decisions averted and wise decisions nurtured under the policies he fathered.

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Categories: Land Use & Zoning (Public)Awards & RecognitionsLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsSusan L. Trevarthen
Author(s): Susan L. Trevarthen

U.S. Supreme Court Slaps Down EPA for "Strong Arming" and Denial of Due Process to Citizens It Regulates in a Decision Under the Clean Water Act

Michael and Chantell Sackett were the victims of EPA’s “strong arming” according to Justice Scalia’s scathing opinion in the case of Sackett v. Environmental Protection Agency, 566 U.S._______ (2012)(Supreme Court Case No. 10-162). All the Sacketts wanted to do was build a home near, but not adjacent, to a lake. Their 2/3 acre lot is located in Bonner County, Idaho, and others had already built structures closer to the lake. Having received their local building approval, they began to fill part of their lot with dirt and rock. Then the EPA hammer descended.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsAppellate Law & PracticeFederal LawLand Use & Zoning (Private)Federal CourtsConstitutional LawAdministrative Law
Tags: Governmental LitigationSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law 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 LitigatorsUnited States CongressUnited States SenateFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation Attorneys
Author(s): Clifford A. Schulman

WSH Member Susan Trevarthen Presents at APA's 2012 National Planning Conference

WSH Member Susan L. Trevarthen will be speaking at the American Planning Association's 2012 National Planning Conference.  In "Bridging the Attorney-Planner Gap," Susan will join Kimberley Mickelson and Edward J. Koconis to discuss effective working relationships between attorneys and planners.  The conference will be held in Los Angeles from April 14-17. 

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Categories: Land Use & Zoning (Public)Government AffairsLocal GovernmentAwards & Recognitions
Tags: Florida Growth Management ActMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysUrban Development Boundary
Author(s): Brooke P. Dolara

WSH Associate Estrellita Sibila Speaking at "Smart Planning for a Green Future"

Associate Estrellita S. Sibila will be speaking at the Smart Planning for a Green Future 2012 Virtual Conference & Expo taking place on April 4 – 6, 2012. On April 5, 2012, Estrellita will speaking as part of a six member panel of state and national environmental leaders offering discussions and insights on Smart Planning for a Green Future. The program is hosted by the Future Is Now Foundation and 1000 Friends of Florida (@floridafriends) and will showcase timely topics on energy and environment including clean energy needs and options, green infrastructure, economic development and Florida jobs.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal GovernmentAwards & RecognitionsLand Use & Zoning (Private)
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanEstrellita S. SibilaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development BoundaryFlorida Environmental Law
Author(s): Estrellita S. Sibila

Key Decision Under Florida’s New Growth Management Law Finds Proposed Farmton Large Scale Development Does Not Proliferate Urban Sprawl

On January 24, 2012, Administrative Law Judge David Maloney issued a recommended order finding the Farmton Local Plan (FLP) incorporated into the Volusia County Comprehensive Plan as “in compliance” with the Community Planning Act.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)Administrative Law
Tags: Florida Growth Management ActCommunity Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissJames E. WhiteDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysSouth Florida Constitutional Law AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law Attorneys
Author(s): James E. White

Electronic Billboard Signs Create New Issues for Florida’s Local Governments

As sign technology evolves, so do the challenges faced by local governments in creating regulations that preserve the health, safety and welfare of their communities. Local regulation of electronic signs is increasingly an issue at the forefront for local governments throughout the state, as approximately 217 digital billboards now populateFloridaroadways, with more proposed.

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Categories: Land Use & Zoning (Public)Government AffairsLocal Government
Tags: Mitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysJohanna M. LundgrenFirst AmendmentElectronic Signs
Author(s): Susan L. Trevarthen & Johanna M. Lundgren