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WSH Obtains Appellate Victory For Town of Manalapan

On November 14, the Fourth District Court of Appeal issued a per curiam affirmance of the trial victory obtained by WSH Partner Daniel L. Abbott in a long-lasting battle between a homeowner and the Town of Manalapan over a zoning issue.

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Categories: Land Use & Zoning (Public)LitigationLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRule EnforcementDaniel L. AbbottMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFort Lauderdale Civil Litigation Attorneys
Author(s): Daniel L. Abbott

The Red Light Camera Diaries: Florida Supreme Court to Determine Whether Programs Preempted by State Law

The Florida Supreme Court will hear cases from the Third and Fifth District Court of Appeal to determine the legality of red light camera ordinances in Aventura and Orlando. The Third and Fifth Districts issued conflicting opinions on whether the red light cameras circumvented Florida’s Uniform Traffic Control Law. In Aventura v. Masone, the Third District ruled that the City of Aventura’s red-light camera program was a valid and enforceable program that was not preempted by state law. Specifically, the Court found that Aventura properly invoked its broad home rule and police powers to regulate red light camera violations on its own roads through the use of red light camera powers, and to issue citations and collect fines under its code enforcement powers. The Court further found that Chapter 316 did not expressly preempt the City’s police powers in this area of traffic regulation. In City of Orlando v. Udowychenko, the Fifth District held that the city’s red light camera ordinance expressly and impliedly conflicted with state law because it enforced conduct specifically prescribed by state law.

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Categories: LitigationConstitutional Law
Tags: Red Light CamerasRule EnforcementFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFlorida LegislatureMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort 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 AttorneysFort Lauderdale Environmental Law AttorneysSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Litigation Attorney

The Red Light Camera Diaries: Sarasota County Denies Due Process Challenge Brought by Driver

Last week, we reported that a Polk County judge denied a Motion to Dismiss brought by 40 ticketed drivers challenging red light camera citiations on constitutional grounds.  In that case, the court rejected the drivers' argument that issuance of citations generated by red light camera violations violated the equal protection clausen. On August 29, a County Court judge in Sarasota County denied a Motion to Dismiss brought by a defendant driver who had been issued a red light camera citation. County Court Judge Kimberly Bonnner held that the defendant failed to prove that the issuance of a citation for red light camera violations did not constitute a violation of the due process clause.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid M. WolpinFlorida ConstitutionFort 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 Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida LitigatorsFlorida Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

Florida Courts Continue to Side with Municipalities in Red Light Camera Challenges

Throughout the past year, judges in both Broward and Miami-Dade County have heard challenges to the red light camera systems on constitutional and evidentiary grounds, and have ruled in the municipalities’ favor. This summer, Polk County entertained a similar challenge from more than 40 ticketed drivers, with similar results.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Red Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSamuel I. ZeskindFort 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 LitigatorsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Brooke P. Dolara

WSH Partner Josh Krut Discusses Condominium Associations and Permissible Religious Displays by Unit Owners

Earlier this month, WSH Partner Joshua D. Krut sat down with Aventura News to discuss permissible displays of religious faith by condominium unit owners on the doors to their units. The topic stemmed from a legal battle in Connecticut in which a condominium association threatened to fine a unit owner $50 per day until she removed a mezuzah from her doorpost. Arguing that other unit owners were permitted to display crucifixes and wreaths on their doors without penalty, the owner and her attorneys persuaded the condominium association to permit the unit owner to display the mezuzah without incurring any fine.

You can read a copy of the article here.

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Categories: Condominium Associations
Tags: Condos and HOAsGoverning DocumentsCovenants and RestrictionsRule EnforcementJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysFlorida Community Association LawFlorida Condo Association Law
Author(s): Brooke P. Dolara

Dog Ownership in Condos - What's Everybody Barking At?

Rule enforcement at community associations can be problematic enough when dealing with delinquent owners and rowdy neighbors. However, managers and board members may have an equally difficult time enforcing the rules when it comes to owners’ most beloved companions – their pets.

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Categories: Condominium AssociationsHomeowners' Associations
Tags: Condos and HOAsGoverning DocumentsCovenants and RestrictionsRule EnforcementJoshua D. KrutFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFlorida Community Association LawFlorida Condo Association Law
Author(s): Joshua D. Krut & Brooke P. Dolara

WSH Litigation Team Wins Big For Aventura: Third DCA Holds Red-Light Camera Program Not Preempted By State Law

Today, in a much anticipated decision for local governments, the Third District Court of Appeal ruled that the City of Aventura’s red light camera program, operated pursuant to its police and code enforcement powers, was valid and enforceable, and was not preempted by the State’s Uniform Traffic Control Law set forth in Chapter 316, Florida Statutes.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementPreemptionMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard Jay WeissLaura K. WendellDavid 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 Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Michael S. Popok

Red Camera Violators Get Partial Refund From City of Hallandale Beach

On November 2, City Commissioners in Hallandale Beach approved a settlement that would enable red camera violators cited by the City before July 2010 to each receive $20 refunds for issued citations.

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Categories: LitigationGovernment AffairsLocal GovernmentClass ActionsConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard 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 AttorneysMatthew H. MandelFort Lauderdale LitigatorsMiami LitigatorsFort Lauderdale Constitutional Law AttorneysMiami Constitutional Law AttorneysSouth Florida Constitutional Law AttorneysSouth Florida Litigators
Author(s): Brooke P. Dolara

Miami-Dade County Judge Rules Red-Light Camera Program Is Constitutional

Yesteday, Judge Steven Liefman ruled that the current programs operated by South Florida cities do not violate equal protection and that they are not unconstitutional.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentRed Light CamerasRule EnforcementJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaLaura K. WendellFort 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. Mandel
Author(s): Michael S. Popok

Broward Judge Rules Red Light Cameras Are Constitutional

On August 17, a Broward judge ruled that the red light cameras operating at various intersections throughout South Florida do not violate drivers' constitutional rights.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentRed Light CamerasRule EnforcementFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanEdward G. GuedesMichael S. PopokJoseph H. SerotaRichard 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 AttorneysMatthew H. Mandel
Author(s): Brooke P. Dolara