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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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    Pop-Up Stores Provide Relief to Commercial Real Estate Owners

    January 31, 2012

    The recent economic doldrums have fueled at least one cultural and business phenomena: the pop-up store. With retail occupancy rates lagging, pop-ups (or temporary-store space), is a win-win for [...]

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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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        No More “Loosey-Goosey” Mediation For Insurance Companies

        January 31, 2012

        New rules for mediation take effect on January 1, 2012 that impact the way insurance companies participate in mediation. These rules, implemented by the Supreme Court of Florida, make two [...]

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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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                Best Lawyers In America 2012 Include Several WSHPC&B Attorneys

                January 31, 2012

                We are thrilled to report that several WSHPC&B attorneys were selected as Best Lawyers in America for 2012 in their area of practice. Mitchell A. Bierman – Government Relations.  [...]

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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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