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

January 31, 2012

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. The [...]

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    11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

    January 31, 2012

    In Glenn v. Brumby, 1:08-CV-023360-RWS (11th Cir., December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination [...]

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

      January 31, 2012

      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 [...]

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

        January 31, 2012

        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 [...]

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          11th Circuit Finds Municipal Ordinance Authorizing Issuance of “Trespass Warnings” is Unconstitutional

          January 31, 2012

          The Eleventh Circuit Court of Appeals recently vacated a decision of U.S. District Court for the Middle District of Florida which had upheld the City’s of St. Petersburg municipal ordinance [...]

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

            January 31, 2012

            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.  Michael S. Popok, [...]

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              Google Alert: You’ve Been Served….Federal Court Allows Service of Process By E-Mail

              January 31, 2012

              The U.S. District Court in Delaware ruled that a defendant can be served via his or her e-mail address, and that a client’s e-mail address is not subject to attorney-client privilege. Judge Mary [...]

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

                January 31, 2012

                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 [...]

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                  Temporary Impacts Can Be Inordinate Burdens Under the Harris Act

                  January 31, 2012

                  For the first time since the enactment of the Harris Act in 1995, the Act can apply to temporary impacts to the development of property. See Section 70.001, Florida Statutes, known as the Bert J. [...]

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                    Fourth District Tightens Requirements for Service by Publication

                    January 31, 2012

                    On August 17, 2011, Florida’s Fourth District Court of Appeal, in Parker v. LaSalle Bank National Association, Case No. 4D10-482, articulated the requirements for an affidavit of diligent [...]

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