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. 

Filtering by Tag: school concurrency

2d DCA Rejects Ill-Considered Attack on School Funding Ordinance

Polk County Builder’s Ass’n et al v. Polk County, _34 Fla. L. Weekly D455 (Fla. 2d DCA 2009)
The Polk County Builders and allies challenged a local ordinance that helped fund class size reductions as being in conflict with the class size reduction amendment. It failed, predictably.
Note – there is a very significant issue as to whether and how to address the capital spending required by the class size amendment in impact fees and school concurrency. Having reviewed a few local school concurrency ordinances and plans, I suspect that most would not survive attack as an invalid impact fee or exaction – particularly after the new “burden shifting” bill (more on that later). But this case does not appear to have argued that issue in a way that the courts understood.

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