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.

Contracting Away the Police Power

February 04, 2004  /  Robert Lincoln

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
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.