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Litigation

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WSH Litigation Team Wins Big For Aventura: Third DCA Holds Red-Light Camera Program Not Preempted By State Law

January 31, 2012

Today, in a much anticipated decision for local governments, the Third District Court of Appeal ruled that the City of Aventura’s red light camera program, operated pursuant to its police and [...]

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    Snapshots From The Community Planning Act, Part 7: Discouraging Urban Sprawl

    January 31, 2012

    The Act continues to require local governments to discourage the proliferation of urban sprawl. For the first time, urban sprawl has been defined in the Community Planning Act, as: “a development [...]

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      Timothy M. Ravich to Speak at ABA’s Aviation and Space Law Litigation National Conference in Washington, DC

      January 31, 2012

      WSHPC&B attorney Timothy M. Ravich has been invited to join the faculty of the American Bar Association’s Tort Trial & Insurance Practice Section’s Aviation and Space Law [...]

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        Fifth District Holds Corporate Registered Agent Is Not Conduit for Witness Subpoenas

        January 31, 2012

        On September 16, 2011, Florida’s Fifth District Court of Appeal handed down a decision with substantial significance for out-of-state corporations doing business or looking to do [...]

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          Snapshots From The Community Planning Act, Part 1: When Do Local Governments Have To Comply?

          January 31, 2012

          This is the first in a series of blog entries focusing on particular aspects of the 2011 Community Planning Act. (See House Bill 7207, enacted by the 2011 Florida Legislature to reform the 1985 [...]

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            WSHPC&B Files Amicus Curiae Brief On Behalf Of Florida League Of Cities In Significant Home Rule Case

            January 31, 2012

            Edward G. Guedes, Susan L. Trevarthen and Jamie A. Cole teamed together to prepare and file an amicus curiae brief on behalf of the Florida League of Cities at the Florida Supreme Court. The [...]

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              Third DCA Holds Attorneys’ Fees Can Be Included In Set-Off Where They Are Provided For In Contract

              January 31, 2012

              Last week, the Third District Court of Appeal held that a contractor may not be entitled to summary judgment in an amount equal to the claimed contract balance less the owner’s claimed [...]

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                Snapshots From The Community Planning Act, Part 6: Evaluation and Appraisal Process

                January 31, 2012

                The Evaluation and Appraisal Report (EAR) as you have known it is dead. In its place is a requirement that local governments evaluate, every seven years, whether changes to the comprehensive plan [...]

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                  Broward Judge Rules Red Light Cameras Are Constitutional

                  January 31, 2012

                  On August 17, a Broward judge ruled that the red light cameras operating at various intersections throughout South Florida do not violate drivers’ constitutional rights. In State of Florida [...]

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                    Junior Lenders Covered – “Stripping” Not Allowed in South Florida

                    January 31, 2012

                    Junior lenders can breathe a sigh of relief in the Bankruptcy Courts of the Southern District of Florida. The three judges of the Miami division have issued a memorandum opinion on the inability [...]

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