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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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    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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              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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                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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                    Appellate Court Finds County Commission Term Limits Are Constitutional

                    January 31, 2012

                    Yesterday, Florida’s Fourth District Court of Appeal reversed a circuit court judgment holding that the Florida Constitution prohibited Broward County voters from amending the [...]

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