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. 

Important if Confusing Administrative Appeal Standing Case

In Jupiter Inlet District v. Thibideaux, the 4th DCA issued an important but confusing ruling that confirmed that the District had standing to challenge a dock permit but did not have standing to challenge on appeal the DOAH Admininstrative Law Judge's determination that the dock violated a riparian line standard because it was not affected by that aspect of the dock.

Under the 4th DCA's intepretation of standing to challenge an administrative decision, a party with substantial interests that create standing to participate in the 120.57 formal hearing must demonstrate a substantial inteterst that is negatively affected for every ruling that the party wishes to challenge.

This seems to be a fairly radical extension of the LEAF and O'Connell cases (which have been discussed in earlier posts), and could create serious complications to challenges to jurisdiction or other procedural matters on appeal. Anyone who works the APA side of things should track how this case is used in the future.

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