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Mitch Burnstein Speaks at AEFP Fall Education Seminar

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Categories: Eminent DomainCommunity Outreach
Tags: Mitchell J. Burnstein

Jamie A. Cole, Mitchell A. Bierman, and Mitchell J. Burnstein all named to SFBJ Power Leaders 2016

Congratulations to Managing Director Jamie A. Cole, Members Mitchell A.Bierman and Mitchell J. Burnstein on once again being named to South Florida Business Journal's 2016 list of "Power Leaders".

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Categories: Community Outreach
Tags: Mitchell A. BiermanMitchell J. BurnsteinJamie A. Cole

Florida Trend Legal Elite

We are very proud to announce that Joe Serota & Mitch Burnstein from Weiss Serota Helfman Cole & Bierman have been named to the 2015 Florida Trend Legal Elite list.  Congratulations to them both!

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Categories: LitigationEminent Domain
Tags: Mitchell J. BurnsteinJoseph H. SerotaSouth Florida Litigators

Weiss Serota Helfman Cole & Bierman Makes South Florida top 25 Law Firm list, and Power Leaders list

Weiss Serota Helfman Cole & Bierman was just ranked in the top 25 of the top 100 law firms in South Florida by the South Florida Business Journal.

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Categories: Awards & Recognitions
Tags: Mitchell A. BiermanMitchell J. BurnsteinJamie A. Cole

Mitchell Bierman and Mitchell Burnstein named partners-in-charge

Weiss Serota Helfman Cole & Bierman announced that partners Mitchell Bierman and Mitchell Burnstein were named partners-in-charge for the firm.   

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Categories: Government AffairsEminent Domain
Tags: Mitchell A. BiermanMitchell J. Burnstein

WSH Re-Elects Members Mitch Burnstein and Michael Popok As Partners-in-Charge, Mitch Bierman and Michael Popok to Strategic Development Committee

WSH is proud to announce that Members Mitchell J. Burnstein and Michael S. Popok have been reelected as Partners-in-Charge of WSH’s Broward and Miami-Dade offices, respectively. Mitch and Michael are both members of WSH’s Litigation Division. As Chair of WSH’s Eminent Domain Group, Mitch has served as lead counsel in hundreds of condemnation matters throughout Florida on behalf of public sector clients, private property owners, businesses, and utilities. A past Chair of the Litigation Division, Michael has extensive experience handling complex business litigation, construction litigation, municipal/governmental litigation, real estate law, and copyright and trademark infringement matters before Federal and State courts in Florida. In addition, Michael has been reelected to serve on WSH’s Strategic Development Committee, along with Member Mitchell A. Bierman. Mitch chairs the Firm’s Airports and Aviation Services Group, which is a special practice in airport law representing airports and airport-related businesses. Mitch handles government affairs and administrative law matters for major international companies in the transportation, environmental and solid waste, and engineering and construction industries.

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Categories: LitigationAirports and AviationAwards & RecognitionsEminent DomainBusiness
Tags: Mitchell A. BiermanMitchell J. BurnsteinJamie A. ColeEdward G. GuedesEric P. HockmanAleida Martinez MolinaMichael S. PopokJoseph H. SerotaPeter D. WaldmanRichard Jay WeissFort 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 Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain AttorneysFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain AttorneyMiami Litigation AttorneyRoger S. Kobert
Author(s): Brooke P. Dolara

Supreme Court Hears Oral Arguments in Koontz Property Rights Case

On January 15, the Supreme Court heard oral arguments in Koontz v. St. Johns Water Management District. The Court granted certiorari to the appellant last October. The case involves Cory Koontz, a landowner who owned 15 acres of land, the majority of which fell within a riparian habitat-protection zone in the Econlockhatchee River hydrological basin and contained protected wetlands. The development of the land was under the jurisdiction of the St. Johns River Water Management District. The question presented in Koontz is whether a governmental entity’s denial of a permit can be the basis for a regulatory takings claim when it is denied solely because the landowner refused to agree to proposed conditions to the permit. The Court would also determine whether the decisions reached in Nollan v. California Coastal Commission, 483 U.S. 825, 107 S. Ct. 3141, 97 L.Ed. 2d 677 (1987) (holding that there must be an essential “nexus” between the permitted activity and the condition imposed on the permit) and Dolan v. City of Tigard, 512 U.S. f374, 114 S. Ct. 2309, 129 L. Ed. 2d 304 (1994) (requiring “rough proportionality” between the condition placed on the land and the extent of the impact of the proposed development”) are applicable to the present case, which involved no requirement to dedicate an interest in real property. In its 2011 decision, the Florida Supreme Court held that the Nollan/Dolan cases both involved the grant of permits rather than permit denials, and were only applicable where the condition imposed on the permit involves a dedication of the owner’s real property interest.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationEminent Domain
Tags: Governmental LitigationFlorida Supreme CourtMitchell J. BurnsteinJamie A. ColeEdward G. GuedesMichael S. PopokClifford A. SchulmanJoseph H. SerotaSusan L. TrevarthenMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerMatthew H. MandelFort Lauderdale Eminent Domain AttorneysMiami Eminent Domain AttorneysSourth Florida Eminent Domain 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 LitigatorsFlorida Commercial Litigation LawyerFlorida Environmental LawFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Eminent Domain Attorney
Author(s): Susan L. Trevarthen & Peter D. Waldman

WSH Attorneys Michael Popok and Mitch Burnstein Obtain Judgment for Large Bank in Commercial Foreclosure Action, Erasing $95M in Damages for Borrower

On December 17, WSH attorneys Michael S. Popok, Mitchell J. Burnstein, and Eric P. Hockman obtained a Final Judgment of Foreclosure and Voluntary Dismissal for United Central Bank in a 3-year long property dispute in Orange County Circuit Court, erasing $95 million in damages for the borrower. Business Division Judge Alice Blackwell heard four of the WSH team’s summary judgments: (a) to foreclose and obtain a deed; (b) to cancel a provision of the Deed in Lieu agreement relating to the bank’s future performance, which forms the basis of the Borrower’s Counterclaims; (c) to dismiss with prejudice as a matter of law, any claims based on purported “oral agreements” under the D’Oench doctrine, which prohibits a party who lends to him or herself from asserting an unrecorded agreement against the FDIC, and Federal common law; and (d) to deny the Borrower the ability to put on a damage case based on purported lost profits, diminution in value of the subject property, and lost “FF&E” (furniture, fixtures and equipment). The Court granted summary judgment of foreclosure to United Central Bank, placing the deed in the hands of the bank for future disposition. The Court also dismissed with prejudice any and all claims based on the purported oral agreements of the prior bank, granting summary judgment to the bank on the basis of the D’Oench doctrine. United Central Bank also obtained summary judgment as to the issue of damages; the Court held that the only damages the borrower would be entitled to would be for breaches in the Deed in Lieu agreement. As a result, the borrower’s counterclaim for $95 million took a significant beating.

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Categories: Litigation
Tags: Mitchell J. BurnsteinEric P. HockmanMichael S. PopokFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerSouth Florida Business Dispute Litigation AttorneysSouth Florida Business Dispute Litigation LawyersFort Lauderdale LitigatorsMiami LitigatorsSouth Florida LitigatorsFlorida Commercial Litigation LawyerFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysMiami Commercial Litigation AttorneyMiami Litigation Attorney
Author(s): Michael S. Popok & Brooke P. Dolara

WSH Attorneys Validate $500M in Bonds for PACE District

On October 23, 2012, WSH lawyers Mitchell J. Burnstein, Jeffrey DeCarlo, and Chad S. Friedman were successful in validating $500,000,000 in bonds on the behalf of the Green Corridor Property Assessment Clean Energy (PACE) District (the “District”), which is located within Miami-Dade County and currently includes the geographic boundaries of the City of Miami, City of Coral Gables, City of South Miami, Village of Pinecrest, Village of Palmetto Bay, Town of Cutler Bay, and Miami Shores Village. The District intends to use the bond proceeds to finance energy efficient (i.e. Energy star rated HVAC units), renewable energy (i.e. solar panels), and wind hardening improvements (i.e. impact resistant windows) on private properties within the District. These bonds will be paid for by voluntary special assessments to be placed on properties that chose to participate in the program.

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Categories: Environmental/SustainabilityGovernment AffairsLocal Government
Tags: Municipal GovernmentMitchell J. BurnsteinJeffrey DeCarloChad S. FriedmanClifford A. SchulmanFort 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 Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys
Author(s): Chad S. Friedman & Brooke P. Dolara

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.

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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