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Land Use & Zoning
Land
use and local government law has evolved dramatically over the last ten
years as Florida has struggled to cope with unprecedented growth and
heightened environmental concerns. A diminishing of governmental
resources during the same time period has placed a mounting share of the
burden of accommodating growth on the private sector. Thus, the
regulatory maze which must be negotiated whenever real estate is developed
has become ever more difficult and complex. As anyone who has dealt with
Florida’s development of regional impact, comprehensive planning and
quasi-judicial zoning procedures will acknowledge, the State’s land use
system is complicated.
The
firm’s land use and local government practice area has several lawyers who
regularly represent the interests of both private and governmental
entities. They are experienced in all aspects of land use and local
government law, including comprehensive planning, developments of regional
impact, zoning, development agreements, permitting and other land use
issues, as well as the public records law, “Sunshine” law and other laws
pertaining to state and local governments. In particular, the firm has
experience in securing land use approvals and environmental permits for
large-scale developments and in administrative and local governmental
practice. The firm also has extensive experience in ad valorem tax matters
and has been involved with a wide variety of large-scale projects,
including regional malls, residential developments with thousands of
dwelling units, and office and industrial developments which have been
authorized to construct millions of square feet. The firm also represents
numerous smaller-scale developers and land-owners. The firm typically
represents private land-owners and developers seeking the necessary
approvals to use their property, and its attorneys are also often called
upon to represent local governments on a variety of issues, including
growth management proceedings and land use proceedings.
Over
the years, the firm’s attorneys have developed good working relationships
with their governmental counterparts. Although they strive to achieve
their clients’ goals at the local government level, they have substantial
experience in litigating land use and local government decisions, both
before administrative tribunals and in the courts, when necessary to
protect a client’s interests. They have litigated substantial disputes on
behalf of both private parties and governmental entities.
The
firm’s land use and local government attorneys have the experience with
and understanding of local government to deal with the complex issues
faced by clients.
The
department has the ability to handle complex environmental compliance and
permitting issues as well as being able to litigate these matters. The
department has represented clients in environmental cost recovery actions
in federal court and has been involved in extensive environmental
insurance coverage issues in both federal and state courts.
The
department has knowledge of managing and counseling environmental
assessments and cleanups concerning real estate transactions. Department
attorneys work closely with landowners, developers, lending institutions
and environmental consultants in conducting site assessments, compliance
audits and being proactive in the prevention of environmental discharge
events and non-compliance at industrial facilities. The department works
with lending institutions with respect to avoiding environmental
liabilities in connection with loan agreements and assisting clients in
matters involving environmental contamination.
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