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Takings in Eminent Domain: Testing The Waters Does Not Create a Property Right

In its recent decision in the matter of St. Johns River Water Management District v. Koontz, SC09-73, the Florida Supreme Court held that under the U.S. and Florida Constitutions there is not a taking when a state agency merely denies a development permit. Only when the regulatory agency issues a permit, giving the owner an interest in the permit and making the condition effective, can there be an exaction. Essentially, the Court held that until there is some property right that is actually being taken away, there is not a taking. While this may seem like common sense, this case went up to the Florida Fifth District Court of Appeal three times on this issue before the Supreme Court finally resolved it.

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Categories: Land Use & Zoning (Public)LitigationGovernment AffairsEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenPeter D. WaldmanFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysSouth Florida Public Transactions LawFort Lauderdale Public Transactions LawMiami Public Transactions Law Matthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain Attorneys
Author(s): Peter D. Waldman

Florida Supreme Court Now Requiring Attorneys To Be Civil

The Florida Supreme Court has a strong message for newly admitted attorneys: be civil.

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Categories: Ethics & Professional Responsibility
Tags: Florida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort 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. Mandel
Author(s): Brooke P. Dolara

Florida Supreme Court Won't Hear Appeal of Coral Gables Pick-Up Truck Ban

The Florida Supreme Court decided not to hear an appeal of the ruling from the Third District Court of Appeals upholding the constitutionality of the Coral Gables ordinance banning overnight pick-up trucks in the City.

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Categories: LitigationGovernment AffairsLocal GovernmentConstitutional Law
Tags: Governmental LitigationMunicipal GovernmentFlorida Supreme CourtMitchell A. BiermanJamie A. ColeChad S. FriedmanRichard Jay WeissDavid M. WolpinCoral GablesFort 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 Airport Law
Author(s): Alexander L. Palenzuela-Mauri

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

WSHPC&B Files Amicus Curiae Brief On Behalf Of Florida League Of Cities In Significant Home Rule Case

Edward G. Guedes, Susan L. Trevarthen and Jamie A. Cole teamed together to prepare and file an amicus curiae brief on behalf of the Florida League of Cities at the Florida Supreme Court. The case pending before the Supreme Court – City of Palm Bay v. Wells Fargo Bank, N.A. – is one of the most important municipal law cases to come before the Court in the last decade.

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Categories: LitigationGovernment AffairsLocal Government
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentFlorida Supreme CourtFlorida League of CitiesMitchell 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 LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. Mandel
Author(s): Edward G. Guedes

Florida Supreme Court Reverses Third DCA Following In-Depth Discussion of Class Certification Standards

On July 7, 2011, the Florida Supreme Court reversed a decision by the Third District Court of Appeals reversing a trial court's class certification; in doing so, the Court also resolved a conflict created between the Third DCA and Fourth DCA concerning the proper standard of review on appeal. In Sosa v. Safeway Premium Fin. Co., 36 Fla. L. Weekly S373 (Fla. 2011), the Court held that because class certification involves factual findings, the correct standard of review is not a de novo analysis of the facts, but whether the trial court abused its discretion. Moreover, class certification should involve findings limited to the requirement for class certification and should not address the cause of action's merits.

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Categories: LitigationAppellate Law & Practice
Tags: Class CertificationFlorida Supreme CourtJamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaFort 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 Commercial Real Estate AttorneysMiami Commercial Real Estate AttorneysSouth Florida Commercial Real Estate AttorneysFort Lauderdale Appellate Law AttorneysMiami Appellate Law AttorneysSouth Florida Appellate Law AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Eric P. Hockman