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. 

DCA Creates a New Kind of Plan Policy

In Indian Trails Improvement District v. Dep't of Community Affairs, the 4th DCA upheld a final order holding that Palm Beach County's newly adopted plan policy to be "the" provider of waste and potable water in unincorporated areas was an "aspirational policy" that did not have to be supported by data and analysis.

The court provided no analysis of the implications of this "aspirational" policy. Of course, the statute makes NO provision for "aspirational policies" in a comprehensive plan. Development orders and infrastructure investments must be consistent with the entire plan. We'll see what happens the first time that the County attacks one of the other service providers' efforts to install infrastructure in the unincorporated county as inconsistent with its new, "aspirational" policy.

46 N. Washington Blvd, Suite 7, 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.