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Litigation

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Eminent Domain Valuation in a Falling Market Poses Questions for Condemning Authorities

January 31, 2012

In 2006, a condemning authority notifies the public that it intends on widening Congestion Drive, and that it will need to acquire 10 feet of right of way on the North side of the road.  The [...]

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    Florida Legislature Amends State Law To Reduce Restrictions On Firearms

    January 31, 2012

    The Florida Legislature recently revised Florida Statute § 790.33 (the “Penalties for Violating Firearms Preemption Law” or “PVFPL”) to require that every municipality or [...]

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      Hialeah Park Gambles On Constitutionality of New Law Before First DCA In Slot Machine Case

      January 31, 2012

      On September 7, the First District Court of Appeal heard arguments in an appeal challenging slot machines at Hialeah Park. In 2010, the Florida Legislature passed a law permitting slot machines [...]

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        Estrellita S. Sibila to Speak at the Florida State University Real Estate Trends & Networking Conference in Tallahassee, FL

        January 31, 2012

        WSHPC&B attorney Estrellita S. Sibila has been invited to speak at the 17th Annual Real Estate Trends & Networking Conference hosted by the Center for Real Estate Education & Research [...]

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          Snapshots From The Community Planning Act, Part 2: What Didn’t Change?

          January 31, 2012

          My personal “top ten” list of things that have NOT changed in local government comprehensive planning with the enactment of the 2011 Community Planning Act: 1)  Local governments still must [...]

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            Developers Must Prove Legitimate Business Purpose In Order To Enjoy Exemption from ILSA Disclosure Requirements

            January 31, 2012

            On September 7, WSHPC&B Partner Edward G. Guedes scored a major appellate victory in the Eleventh Circuit Court of Appeals on behalf of purchasers of condominium units asserting federal [...]

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              Construction Lien Triggers: When Is “Final” Really Final?

              January 31, 2012

              Florida’s Construction Lien Law might appear straightforward, but there is plenty of room for costly error. Under Florida law, contractors, subcontractors, sub-subcontractors, laborers, and [...]

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                11th Circuit Holds Individual Mandate Portion of Health Care Law Unconstitutional

                January 31, 2012

                Today, the 11th Circuit Court of Appeals declared that a major component of the recently passed health care law is unconstitutional. The court identified the requirement under the Patient [...]

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                  4th Circuit Vacates Decision Declaring Individual Mandate Portion of Health Care Law Unconstitutional

                  January 31, 2012

                  The Fourth Circuit Court of Appeals vacated a decision by the Eastern District Court of Virginia holding that the individual mandate under the Patient Protection and Affordable Care Act requiring [...]

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

                    January 31, 2012

                    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 [...]

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