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. 

Charters trump ordinances and must be implemented to achieve their intent.

It's always an interesting dance to see how local governments try to manage pesky constitutional, statutory or charter provisions that limit their discretion.

Last week, the 4th DCA released this opinion , which held that the City of Pompano Beach couldn't get around a charter requirement to hold a referendum before selling lands with certain uses simply by reclassifying the land via an ordinance. The Charter required a referendum, but provided that the initial classification of property would be by ordinance. The City wanted to sell a beach parking lot that had been classified as recreational (and covered by the referendum requirement) to the redevelopment authority. It didn't want to hold the referendum. So it adopted an ordianance redesignating the beach parking lot out of the recreational designation. The court took the common sense approach that the City's action would have completely negated the purpose of the Charter provision and held that the once designated (even if by ordinance), the Charter prohibitted redesignation for the purpose of avoiding the Charter.

2055 Wood Street, Suite 206, Sarasota, FL 34237      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.