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WSH Attorneys Recognized as Florida SuperLawyers

Florida SuperLawyers recently revealed its list of "SuperLawyers" and "Rising Stars" for 2013; each year, the magazine rates outstanding attorneys from more than seventy practice areas who have attained a high degree of peer recognition and professional achievement. The selection process for SuperLawyers includes independent research, peer nominations, and peer evaluations. This year, SuperLawyers recognized twenty WSH attorneys. 

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLitigationCondominium AssociationsLocal GovernmentHomeowners' AssociationsAppellate Law & PracticeAwards & RecognitionsLand Use & Zoning (Private)Construction LawReal Estate
Tags: Governmental LitigationMunicipal GovernmentSpecial Counsel to Local GovernmentGary L. BrownJonathan CohenJamie A. ColeChad S. FriedmanEdward G. GuedesStephen J. HelfmanEric P. HockmanJoshua D. KrutGilberto PastorizaMatthew J. PearlMichael S. PopokAnthony L. RecioBrett J. SchneiderClifford A. SchulmanJoseph H. SerotaAlison F. SmithSusan L. TrevarthenRichard Jay WeissSamuel I. ZeskindFort Lauderdale Business Litigation AttorneysFort Lauderdale Business Litigation LawyersMiami Commercial Litigation AttorneyMiami Commercial Litigation LawyerSouth Florida Commercial Litigation AttorneySouth Florida Commercial Litigation LawyerFort Lauderdale Condominium Association AttorneysMiami Condominium Association AttorneysSouth Florida Condominium Association AttorneysFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysMatthew H. MandelFort Lauderdale Homeowners' Association AttorneysMiami Homeowners' Association AttorneysSouth Florida Homeowners' Association AttorneysFort 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 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 LitigatorsFort Lauderdale Employment Law AttorneysMiami Employment Law AttorneysSouth Florida Employment Law AttorneysFort Lauderdale Labor Law AttorneysMiami Labor Law AttorneysSouth Florida Labor Law AttorneysFlorida Commercial Litigation LawyerFlorida Community Association LawFlorida Condo Association LawFlorida Employment AttorneysFlorida Environmental LawFlorida Labor LawyersFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Commercial Litigation AttorneysFort Lauderdale Construction LawyerFort Lauderdale Employment LawyerFort Lauderdale Employment LawyerFort Lauderdale Real Estate LawyerMiami Construction LawyerMiami Commercial Litigation AttorneyMiami Employment AttorneyMiami Employment AttorneyMiami Labor LawyerMiami Litigation AttorneyMiami Real Estate LawyerSouth Florida Employment Lawyers
Author(s): Brooke P. Dolara

WSH Partner Headlines BAPA and FAU-Sponsored 2013 Legislative Update

On May 20, the Broward Section of the Florida Chapter of the American Planning Association (“BAPA”) and Florida Atlantic University School of Urban & Regional Planning co-hosted the 2013 Legislative Update, a one-hour public policy workshop providing an overview of the legislation adopted during the 2013 Florida Legislative session. WSH Partner James E. White gave a one-hour presentation on the adopted legislation and the anticipated effects relating to planning, growth management and local governments.  James is a member of the American Institute of Certified Planners ("AICP") focusing his practice on land use and zoning, comprehensive planning, administrative and general municipal law. James is also Board Certified by the Florida Bar in City, County and Local Government Law.

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Categories: Land Use & Zoning (Public)Local GovernmentAwards & Recognitions
Tags: Municipal GovernmentAwards & RecognitionsMitchell A. BiermanJamie A. ColeChad S. FriedmanSusan L. TrevarthenRichard Jay WeissJames E. WhiteDavid M. WolpinFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government Law
Author(s): Brooke P. Dolara

House Bill 7019 Permit Extensions Give Zombie Projects Another Chance At Life

In recent years, a series of legislative development permit extensions have enabled developers to keep previously-approved development orders and building permits alive despite economic conditions that resulted in stalled development throughout the state. Although Florida’s real estate market is now steadily recovering, the Legislature offered additional relief to qualifying developers that have been unable to complete previously-permitted projects within their expiration period.

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Categories: Land Use & Zoning (Public)Local GovernmentLand Use & Zoning (Private)
Tags: Municipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaSusan L. TrevarthenRichard Jay WeissDavid M. WolpinFlorida LegislatureFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawJohanna M. Lundgren
Author(s): Johanna M. Lundgren

Eleventh Circuit Affirms Dismissal of First Amendment Challenge Against North Bay Village

On March 22, WSH obtained a favorable ruling for North Bay Village before the Eleventh Circuit Court of Appeals. The Eleventh Circuit refused to overturn the dismissal of a lawsuit challenging North Bay Village’s adult entertainment use regulations. Partner Edward G. Guedes, Chair of WSH’s Appellate Practice Group, handled the appeal for the City.

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Categories: Land Use & Zoning (Public)LitigationAppellate Law & PracticeFederal LawLand Use & Zoning (Private)Federal CourtsConstitutional Law
Tags: Jamie A. ColeEdward G. GuedesMichael S. PopokJoseph H. SerotaSusan L. TrevarthenLaura K. WendellMatthew 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 LitigatorsFirst AmendmentEleventh Circuit Court of AppealsFlorida Litigation AttorneysFort Lauderdale Civil Litigation AttorneysMiami Litigation Attorney
Author(s): Edward G. Guedes & Brooke P. Dolara

Will the Federal Tax Relief Act of 2012 Provide the Wireless Industry With Relief From Local Wireless Tower Ordinances?

The Middle Class Tax Relief and Job Creation Act of 2012 (the “Tax Relief Act”), which President Obama signed into law on February 22, 2012, is commonly thought of as the legislation which extended the payroll tax exemption. However, the Tax Relief Act contained numerous unrelated provisions.

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Categories: Land Use & Zoning (Public)Local GovernmentFederal Law
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 Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysJohanna M. Lundgren
Author(s): Johanna M. Lundgren

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

Threats To Tax-Exemption Of Municipal Bonds Diminish--For Now

Municipal market participants are breathing a sigh of relief that the recent fiscal cliff agreement did not include any changes to the tax-exempt status of interest on municipal bonds.

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Categories: Local Government
Tags: Municipal GovernmentSpecial Counsel to Local GovernmentMitchell A. BiermanJamie A. ColeJeffrey DeCarloChad S. FriedmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinBondsFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs 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 Public FinanceMunicipal Bonds
Author(s): Jeffrey DeCarlo

WSH Partner Chad S. Friedman Discusses PACE Progress with ELULS Section Reporter

In late 2011, WSH Partner Chad S. Friedman co-authored an article for The Environmental and Land Use Law Section Reporter about the continuing efforts of several South Florida local governments to implement property assessed clean energy (“PACE”) programs across the state. Under the PACE programs, local government non ad-valorem assessments are attached to a property tax bill through a lien to fund energy efficiency, renewable energy improvements or wind resistance improvements. Last month, Chad and his co-authors provided an update on the status of the PACE programs throughout the nation, singling out the significant progress made for PACE programs in Florida. You can read the update by clicking here.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityLocal GovernmentLand Use & Zoning (Private)
Tags: Municipal GovernmentMitchell A. BiermanJamie A. ColeChad S. FriedmanGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenRichard Jay WeissDavid M. WolpinBondsFort Lauderdale Local Government LawMiami Local Government LawSouth Florida Local Government LawFort Lauderdale Municipal AttorneysMiami Municipal AttorneysSouth Florida Municipal AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Florida Environmental LawMunicipal Bonds
Author(s): 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

Attorney At Law Magazine Features WSH Attorneys James White & Johanna Lundgren

Recently, we reported that Partner James White and Associate Johanna Lundgren were reelected to their positions on the Board of Directors for the Broward section of the American Planning Association ("APA").  This month, Attorney At Law Magazine featured an article announcing both attorneys' reelection to their leadership posts.

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Categories: Land Use & Zoning (Public)Environmental/SustainabilityAwards & RecognitionsLand Use & Zoning (Private)
Tags: Awards & RecognitionsGilberto PastorizaClifford A. SchulmanSusan L. TrevarthenJames E. WhiteFort Lauderdale Governmental Affairs AttorneysMiami Governmental Affairs AttorneysSouth Florida Governmental Affairs AttorneysFort Lauderdale Environmental Law AttorneysMiami Environmental Law AttorneysSouth Florida Environmental Law Attorneys Johanna M. Lundgren
Author(s): Brooke P. Dolara