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. 

Standing to Challenge Under s 163.3215 -

In this interesting standing case, also called Payne v. Miami (here's the opinion), the court determined that neighbors and others who used the port of miami (a privately held group of properties, but subject to special policies in the comprehensive plan), had standing to challenge a development order that would have added residential uses to the marine-oriented area.

The trial court held that the neighbors had standing but that other port users did not. The majority held that these users were "aggreived" under the statute because they had business interests that were protected by the plan policies in question.

Moral: as with Renard/Rinker type common law standing, look to the plan policies that are involved to determine whether an interest is created and affected for "aggreived" status.

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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.