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. 

Fla Supremes - The Governor Can't Sign "Compacts" - Separation of Powers Still Rules in Fla.

In Florida House of Representatives v. Hon. Charles Crist, the Florida Supreme Court exercised original jurisdiction (writ of quo waranto) to hold that the Governor's approval of a gambling compact with various tribes was outside his constitutional authority because the compact permitted violations of state law.

The Court held that even under the apparent federal authority, the gambling permitted bythe compact was prohibitted by legislation, and the governor therefore had no power to enter such a compact. The Court did not reach the question of whether or when the Governor could sign a compact that did not otherwise directly violate state law; or whether such a compact would have to be ratified first.

On one hand, this is a fairly bread and butter separation of powers case. On the other, it demonstrates that we all need to become way more familiar with the writ of quo waranto - I suspect that we will be seeing it more often as a way to challenge the authority of executive actors to take certain actions (as beyond their delegated authority, when the APA doesn't control it), and perhaps against local governments to prevent actions that violate state law.

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.