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. 

3d Reverses its position in Turnberry case

I wrote awhile back about a 3d DCA opinion holding that a particular commercial use wasn't permitted by the Turnberry Isle zoning. Here's a twist:

On rehearing, the court substituted a new opinion, here's the link, that found that the City of Aventura's determination that the use was a vested non-conforming use was reasonable, and therefore due deference. It therefore 'unquashed' the circuit court decision, upholding it instead.

On one hand, this seems a reasonable and fair outcome. On the other, both neighbors and developers live and die by the same sword when it comes to local discretion. I firmly believe that local interpretation should be striclty constructed and reviewed by courts, using the legal rules of statutory construction, for the simple reason that local agencies don't always follow those principles in construing local codes.

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.