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

Land Use and Local Government Law and Litigation

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. 

Contracting Away the Police Power

A flurry of activity on the Florida Env't & Land Use Section's email list led me to post a few Florida cases that describe limits on the ability of a local government to agree to change land use designations (plans or zoning) through a developer's agreement or settlement agreement.

I'll post some ideas on this issue later, but thought I'd share the cases with everyone first.

First: Chung v Sarasota County -- limits ability of local government to agree to rezone a property with conditions to settle a lawsuit:
Chung_v_SarasotaCounty.doc

Second: Morgan Company v Orange County -- court refused to order County to implement a developer's agreement to rezone land, even after the developer completed its end of the bargain:

MorgranCo_v_OrangeCounty.doc

Last: Hartnett v Austin - Mother of Florida cases on "contracting away the police power" in zoning.

Hartnett_v_Austin_93So.2d86.doc

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