LAW OFFICE OF ROBERT K. LINCOLN, P.A.

Land Use and Local Government Law and Litigation

1517 State Street, Suite 203 Sarasota, FL 34236

941.681.8700

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

*Attorneys Robert Lincoln and Stacy Dillard-Spahn also serve clients as Of Counsel to Shubin Law Group, P.A., with offices in Miami, West Palm Beach, and Tampa, Florida, specializing in land use, development, and related litigation. Law Office of Robert K. Lincoln, P.A. is an independent law firm from Shubin Law Group, P.A.

Miami Beach case - Harris Act damages reinstated

July 25, 2003  /  Robert Lincoln

The 3d DCA - unsurprisingly - overturned a Circuit Court determination that held that the actions under the Harris Act couldn't be maintained against a municipality under sovereign immunity (actually a clause in the Act that indicated that the Act itself wasn't a waiver of immunity).

Here's a link to the case (Word format) - RoyalWorld_v_MiamiBeach.doc

So now we'll probably have some cases where we find out whether a significant downzoning is a compensable "undue burden" under the Act.
Comment

1517 State Street, Suite 203, Sarasota, FL 34236     Phone (941) 681-8700

Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.