Thursday, June 5, 2014

First Quarter 2014: Recent Florida Environmental and Land Use Case Law

The Florida Bar's Environmental and Land Use Law Section has posted its column on the environmental and land use cases in Florida that you need to know about for the first quarter of 2014. Here's what we've got:
  • Beyer v. City of Marathon, 38 Fla. L. Weekly D2286 (Fla. 3d DCA 2013), rejecting the local government's claims of statutes of limitation and laches where it delayed the processing of an application.
  • Archstone Palmetto Park, LLC v. Kennedy, 2014 WL 305086 (Fla. 4th DCA 2014), clarifying the limitations for local government public referenda for development orders.
  • Fla. Dep’t of Agriculture & Consumer Servs. v. Mendez, 126 So. 3d 367 (Fla. 4th DCA 2013), regarding standards to apply to takings under the Citrus Canker Eradication Program.
  • Detournay v. City of Coral Gables, 38 Fla. L Weekly D2552 (Fla. 3d DCA 2013), holding that local government code violation actions are executive acts that cannot be supervised by the courts in actions by third parties attempting to force the government to pursue the violations.
  • Ripps v. City of Coconut Creek, 124 So. 3d 1007 (Fla. 4th DCA 2013), holding that a DRI substantial deviation threshold regarding hotel rooms was moot under newly amended laws.
  • Grove at Harbor Hills Homeowners v. Harbor Hills Dev., L.P., 38 Fla. L. Weekly D2627 (Fla. 5th DCA 2013), emphasizing that "maintenance" and "control" have different meanings in real estate use agreements.
  • Clearwater Housing Authority v. Future Capital Holding Corp., No. 2D12-5515 (Fla. 2d DCA 2013), holding that the statute of repose applicable to an action founded on the design, planning, or construction of an improvement to real property can be triggered on an event other than an improvement to real property.
Past summaries are available in my archives.