Land Use & Property Rights Litigation

Practice & Industry Groups Land Use & Property Rights Litigation

Overview

Our Land Use & Property Rights Litigation team has defended and prosecuted a broad range of actions through a collaborative approach that integrates the firm’s land use specialists with its substantial litigation resources. Leveraging our knowledge of the permitting and entitlement process, our team aims to provide critical litigation analysis and support early in the development process. We explore creative claims and resolutions throughout litigation, including Constitutional property rights, statutes, regulatory takings, easements, deed restrictions, riparian rights and ways of necessity. This perspective allows us to utilize various forums to resolve disputes so our clients have the opportunity to pursue maximum use of their property.

Range of Services

Administrative hearings and appeals (Fla. Stat. § 120)
Ad valorem tax assessment challenges and appeals
Bert J. Harris, Jr., Private Property Rights Protection Act claims
Citizen suits
Code enforcement
Comprehensive plan compliance challenges (Fla. Stat. § 163.3184)
Comprehensive plan consistency challenges (Fla. Stat. § 163.3215)
Constitutional property rights issues – civil rights, due process, equal protection and vested rights
Development agreements
Development and infrastructure agreement disputes
Developments of Regional Impact (DRI)
Dispute resolution and Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA) proceedings
Concurrency, exactions and impact fee disputes
Federal statutory rights – disabilities, fair housing and religious land use protections
Inverse condemnation, regulatory takings and eminent domain
Development order challenges and appeals
Public Records Act and Sunshine Law violations
Real property disputes – deed restrictions, easements, trespass, nuisance and restrictive covenants
Statute, rule and ordinance challenges
Submerged land, drainage and riparian rights
Title, survey and boundary disputes
Ways of necessity

Notable Experience

Represented developer in a matter of first impression defending a Collier County development order approving a 1,000-acre mixed-use “rural village” within the “Rural Land Stewardship Area” (“RLSA”). The RLSA is an innovative voluntary land management and conservation program consisting of approximately 200,000 acres in eastern Collier County, Florida. Under the program, property owners agree to restrict their development rights on environmentally sensitive land in exchange for credits to develop other less-sensitive parcels such as agricultural land. Client’s proposed rural village known as “Rivergrass” was the first to be approved and established precedent for subsequent development in the RLSA. The matter involved two dozen depositions, more than a dozen hearings, arbitration and a five-day bench trial resulting in a final judgment and nearly $3 million fee and cost award in client’s favor. After an appeal, which affirmed the final judgment and remanded on a partial summary judgment, the matter resulted in a settlement that created a conservation easement to preserve critical habit over more than 600 acres.
Represented developer of a 524-acre mixed-use parcel in St. Johns County, Florida, involving claims for breach of a Concurrency and Impact Fee Credit Agreement, Section 1983 violation, and takings; and defense against counter-claim to specifically perform roadway improvements of nearly $50 million. In a companion suit, after a bench trial, secured final judgment in the developer’s favor finding the County violated the Florida Public Records Act by failing to disclose records relating to the Agreement and County’s conduct relating to its performance under the Agreement.
Represented Florida beachfront county in a matter of first impression seeking a declaratory judgment on the public’s right of customary use over more than 1,000 privately owned beachfront properties.
Represented property owner’s Bert Harris Act claim against Panama City. Following City’s denial of owner’s application to develop residential project on land classified as Light Industry/Mixed Use, our team’s prosecution of a Bert Harris Act claim (regulatory taking) led to successful settlement in which the City amended its Comprehensive Plan and created a new zoning district to allow the development of a residential community on the property.
Represented clients on certiorari “appeals” of local government decisions to circuit court, including successful cert petition on behalf of property owner quashing Hillsborough County’s refusal to rezone 150 acres from golf course to residential use.