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Tentative Settlement Reached in Yankeetown Challenge to 2011 Growth Management Reform

January 31, 2012

Following the passage of the sweeping growth management legislation included in House Bill 7207 of 2011 (the “Community Planning Act”), the Town of Yankeetown,Florida sued to overturn the bill. [...]

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    Applications to Move Miami-Dade Urban Boundary Line Could Help Give Understanding to State’s Authority over Land Use

    January 31, 2012

    The Miami-Dade County Commission recently approved two applications that could move the Urban Development Boundary (“UDB”) and allow more development on previously sacrosanct property. The [...]

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      11th Circuit Holds Discrimination Against Transgendered Employee Violates Equal Protection Clause

      January 31, 2012

      In Glenn v. Brumby, 1:08-CV-023360-RWS (11th Cir., December 6, 2011), the court found that a governmental employer violates the Equal Protection Clause’s prohibition of sex-based discrimination [...]

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        Florida Supreme Court Won’t Hear Appeal of Coral Gables Pick-Up Truck Ban

        January 31, 2012

        The Florida Supreme Court decided not to hear an appeal of the ruling from the Third District Court of Appeals upholding the constitutionality of the Coral Gables ordinance banning overnight [...]

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          Snapshots From The Community Planning Act, Part 5: Proportionate Share Mitigation of Transportation Impacts – Deficient Roadways and Other Transportation Facilities

          January 31, 2012

          The Act removes the state mandate for local governments to enforce transportation concurrency, the regulatory requirement that roadway and other transportation facilities be in place concurrent [...]

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            11th Circuit Finds Municipal Ordinance Authorizing Issuance of “Trespass Warnings” is Unconstitutional

            January 31, 2012

            The Eleventh Circuit Court of Appeals recently vacated a decision of U.S. District Court for the Middle District of Florida which had upheld the City’s of St. Petersburg municipal ordinance [...]

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              Miami-Dade County Judge Rules Red-Light Camera Program Is Constitutional

              January 31, 2012

              Yesteday, Judge Steven Liefman ruled that the current programs operated by South Florida cities do not violate equal protection and that they are not unconstitutional.  Michael S. Popok, [...]

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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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                    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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