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Applications to Move Miami-Dade Urban Boundary Line Could Help Give Understanding to State’s Authority over Land Use

The Miami-Dade County Commission recently approved two applications that could move the Urban Development Boundary (“UDB") and allow more development on previously sacrosanct property.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Florida Growth Management ActCommunity Planning ActGovernmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan 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 AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Urban Development Boundary
Author(s): Brooke P. Dolara

Tentative Settlement Reached in Yankeetown Challenge to 2011 Growth Management Reform

Following the passage of the sweeping growth management legislation included in House Bill 7207 of 2011 (the “Community Planning Act”), the Town of Yankeetown,Florida sued to overturn the bill. Yankeetown alleged that HB 7207 is unconstitutional because it contains more than one subject and has a misleading title, and because it contains an unconstitutional delegation of authority to the state planning agency. Yankeetown sought to continue to apply its referendum requirement for approval of comprehensive plan amendments, which existed before HB 7207 was enacted. HB 7207 broadened the prior statutory prohibition on referenda affecting a small number of parcels, to prohibit all planning referenda.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort 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 AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida Litigators
Author(s): Johanna M. Lundgren

Snapshots From The Community Planning Act, Part 7: Discouraging Urban Sprawl

The Act continues to require local governments to discourage the proliferation of urban sprawl.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan 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 AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 6: Evaluation and Appraisal Process

The Evaluation and Appraisal Report (EAR) as you have known it is dead. In its place is a requirement that local governments evaluate, every seven years, whether changes to the comprehensive plan are necessary to reflect changes in state law, and notify the state land planning agency of its determination. Instead of the detailed and prescriptive requirements that used to apply to EARs, local governments need only provide a simple letter indicating whether or not changes are necessary, as determined in the judgment of the local government.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan 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 AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 5: Proportionate Share Mitigation of Transportation Impacts – Deficient Roadways and Other Transportation Facilities

The Act removes the state mandate for local governments to enforce transportation concurrency, the regulatory requirement that roadway and other transportation facilities be in place concurrent with the impact of new development. If local governments continue to enforce transportation concurrency, as most local governments appear to be doing at this time, then the Act requires that local governments must continue to obey the state mandate to provide proportionate share mitigation options to applicants for new development approvals, and to follow the revised statutory rules for calculating such mitigation.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityGovernment AffairsLocal GovernmentLand Use & Zoning (Private)
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan 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 AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Susan L. Trevarthen

Snapshots From The Community Planning Act, Part 4: Permit Extensions Redux

As in the film “Groundhog Day,” local governments woke up at the end of the 2011 Legislative Session to find that yet another set of permit extensions were provided directly by the state, preempting local control of the renewal and extension of building permits and development orders.

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Categories: Land Use & Zoning (Public)Environmental/Sustainability
Tags: Community Planning ActMunicipal GovernmentSpecial Counsel to Local GovernmentPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanRichard Jay WeissDavid M. WolpinFlorida LegislatureFort 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 Attorneys
Author(s): Susan L. Trevarthen

Despite Challenges, More Florida Local Governments Finalizing PACE Programs

As we discussed in our prior blog post, various local governments in South Florida are embracing Property Assessment Clean Energy (“PACE”) programs to make green-friendly improvements to existing properties. WSHPC&B associate Chad S. Friedman significantly contributed to the creation of Florida’s first PACE program, the Green Corridor, under which participating local governments provide financing to property owners making qualifying improvements (such as efficiency improvements) to their buildings. Recently, Chad shared his thoughts on the new PACE programs that local governments are embracing and the highly publicized legal battles PACE programs are fighting in federal courts. You can read a copy of the article here.

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Categories: Environmental/SustainabilityGovernment AffairsLocal GovernmentFederal LawAwards & RecognitionsFederal CourtsReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentAwards & RecognitionsMitchell A. BiermanJonathan CohenJamie A. ColeJeffrey DeCarloIgnacio G. Del ValleChad S. FriedmanGilberto PastorizaClifford A. SchulmanRichard Jay WeissDavid M. WolpinFlorida LegislatureFort 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 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 Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Brooke P. Dolara

Estrellita S. Sibila to Speak at the Florida State University Real Estate Trends & Networking Conference in Tallahassee, FL

WSHPC&B attorney Estrellita S. Sibila has been invited to speak at the 17th Annual Real Estate Trends & Networking Conference hosted by the Center for Real Estate Education & Research at Florida State University College of Business. The Real Estate Trends & Networking Conference is organized to inform participants of the emerging trends and issues facing the real estate industry. The conference focuses on factors affecting markets in the southeast region of the U.S.  In her speech, Estrellita will address the topic of government regulations and its impact on real estate with a focus on trends in sustainable development. The conference will be held in Tallahassee, Florida on October 27 & 28, 2011.

To read more about the conference and to register, please click here.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityAwards & RecognitionsLand Use & Zoning (Private)Real Estate
Tags: Awards & RecognitionsJonathan CohenIgnacio G. Del ValleChad S. FriedmanGilberto PastorizaClifford A. SchulmanEstrellita S. SibilaSusan L. TrevarthenFort Lauderdale Real Estate AttorneysMiami Real Estate AttorneysSouth Florida Real Estate AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Estrellita S. Sibila

Third DCA Throws Out Case Alleging "Repugnant Environmental Violations"

On September 28, the Third District Court of Appeal in Florida reversed a trial court’s decision to grant a new trial to a plaintiff corporation seeking indemnification for “repugnant environmental violations” after a jury rendered a verdict for the defendant landowners. In Harris v. Grunow, ______ So. 3d ________, 2011 WL 4467379 (Fla. 3d DCA 2011), the Third District held that the plaintiffs failed to show that defendants introduced improper statements, and that a new trial was unwarranted.

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Categories: Environmental/SustainabilityLitigationCivil ProcedureTorts
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaLaura K. WendellMatthew H. MandelFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys South Florida Litigators
Author(s): Michelle Vos

Snapshots From The Community Planning Act, Part 3: Adversely Impact Important State Resources and Facilities?

The Act limits the scope of the state land planning agency’s (now the Department of Community Affairs (DCA) but, as of October, to become the Department of Economic Opportunity) ability to object to or challenge local comprehensive plan amendments. Under the Act, the state land planning agency can only challenge those amendments which will “adversely impact important state resources and facilities.” What is important? What is an adverse impact? The Act doesn’t say.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLand Use & Zoning (Private)
Tags: Community Planning ActMitchell A. BiermanJamie A. ColeChad S. FriedmanClifford A. SchulmanSusan 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 Attorneys
Author(s): Susan L. Trevarthen