Zoning & Land Use Litigation

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Overview

Our group handles virtually every type of zoning/land use dispute, including:

  • Comprehensive plan challenges
  • Equal protection challenges
  • "Takings" claims
  • Substantive due process challenges
  • Section 1983 challenges under federal laws
  • Certiorari challenges to zoning/land use denials
  • Challenges based upon the land use provisions of the Federal Telecommunications Act of 1996
  • Claims under Florida's Bert Harris Act

Litigation involving zoning and land use issues does not begin at the courthouse; it begins at the administrative level. If an applicant (or objector) waits to prepare its case until the project is ruled upon by the local governing body, in certain circumstances that party may have waited too long.

Due to the myriad of legal authorities governing such disputes (U.S. Constitution, State Constitution, local ordinances, land use plans, historical guidelines, deed restrictions, administrative agency regulations and case law), the governing body – with its experience and staff of in-house attorneys – has a natural advantage in building a case to support its decision at the administrative level and prior to trial.

Our Zoning and Land Use Litigation Group brings to bear some of the most experienced, successful, and seasoned land use litigation attorneys in the state.

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