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. 

Temporary moratorium on approvals doesn't violate due process/not a taking

In this opinion, released on September 29, the 4th DCA held that a nine month moratorium placed on approvals of multi-family developments while a review of the comprehensive plan and land development regulations did not violate substantive due process and wasn't a taking.

On the due process end, the court held that there was a substantial nexus between the moratorium and the permissible public purpose of maintaining the status quo, agreeing with the trial court when it determined that "the temporary moratorium was an important land-use planning tool . . . to ensure that the community's problems were not exacerbated during the time it takes to formulate a regulatory scheme."

On the takings issue, the court predictably (but without much analysis) relied on Tahoe-Sierra Pres. Council v. Tahoe Regional Planning Council, 535 U.S. 302 (2002) for the proposition that temporary moratoria do not constitute a taking.

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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.