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. 

Construction in Good Faith is not “Discontinuance” of a Non-Conforming Use

The Second District upheld a circuit court’s decision that a code enforcement action brought by the County because a landowner resumed a non-conforming use after it had been closed for over 6 months while under re-construction pursuant to building permits. There are some other intervening facts, and the Court rejected the circuit court’s treatment of them as mixed questions of fact and law, finding that the circuit court had reweighed the evidence. More reason why we need guidance on written orders.

The District Court’s opinion also recognized that review of the code enforcement magistrate’s decision was properly taken as an appeal.

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.