Edward G. Guedes, who chairs the firm’s Appellate Practice Group, successfully argued before the Florida Supreme Court, leading to an important decision that protects local governments from judicial scrutiny of its discretionary enforcement decisions. The firm represented the Florida League of Cities, Aventura, Pinecrest and Cutler Bay, as amici curiae, and was unusually granted permission to participate in oral argument.
The court reversed the Fourth District Court of Appeal’s decision and approved contrary decisions from the Second and Third Districts.
The Fourth District had ruled against West Palm Beach and concluded that a resident was permitted to sue the city to compel it to enforce its code against a neighbor.
WSHC+B argued the dangerous precedent would cause chaos in local governance by forcing counties and municipalities to become enforcement tools for disgruntled residents in violation of the long established principle that local governments were immune from judicial scrutiny in connection with discretionary planning and enforcement functions.
Click here to read the Florida Supreme Court decision in the City of West Palm Beach v. Haver.