February 27, 2025
Planning in the Courts
David A. Theriaque, Esquire
2025 WL 396272, 50
Fla. L. Weekly D293 (Fla. 3d DCA Feb. 5, 2025)
This case concerned the way in which a court should evaluate transferrable development rights (“TDRs”) in takings cases.
In short, the court determined that TDRs relate to the amount of compensation – not whether a taking has occurred.
As such, this seems to be a rather large shift in existing law. Indeed, this case represents yet another shift toward private property owners in takings case.
Shands concerns a very interesting set of facts, prolonged litigation, and discusses the history of takings cases pursuant to Penn Central, Lucas, etc.
386 So. 3d 1020 (Fla. 6th DCA 2024)
In this brief opinion, the Sixth DCA held a county charter provision to be preempted by Section 403.412(9)(a), Florida Statutes, which “precludes a ‘‘local government regulation, ordinance, code, rule, comprehensive plan, charter, or any other provision of law’ from ‘‘recogniz[ing] or grant[ing] any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that is not a person or political subdivision.’”
The charter provision recognized certain rights in water bodies within Orange County.
EverettBros.Recycling,Inc.v.MartinCty., 2025
WL 258997, 50 Fla. L. Weekly D236 (Fla. 4th DCA Jan. 22, 2025)
Applying Renard and holding that a nearby property owner lacked standing based upon the “special injury” requirement – i.e., damages differing in both kind and degree from the public – in order to have standing to “enforce a valid zoning ordinance.”
Fla.Citizens’All.,Inc.v.Sch.Bd.OfIndianRiver Cty., 2024 WL 5149914, 50 Fla. L. Weekly D5 (Fla. 4th DCA Dec. 18, 2024)
Discussing the “executive” versus “decision-making” distinction in finding that textbook committee was subject to the Florida Sunshine Law, and, thus, required to conduct its meetings “in the Sunshine.”
CityofDelrayBeachv.Deleonibus,
379 So. 3d 1177 (Fla. 4th DCA 2024)
Holding that city was not equitably estopped from “disavowing building permits” or enforcing ordinance after owners withdrew permit applications.
Valdesv.CityofMarathon,
394 So. 3d 135 (Fla. 3d DCA 2024)
Demonstrating the limited nature of second-tier review and upholding decision because trial court applied the correct law, and also explaining that such decision would been upheld even if trial court had applied that law incorrectly.