Thứ Tư, 4 tháng 2, 2004

Contracting Away the Police Power

A flurry of activity on the Florida Env't & Land Use Section's email list led me to post a few Florida cases that describe limits on the ability of a local government to agree to change land use designations (plans or zoning) through a developer's agreement or settlement agreement.



I'll post some ideas on this issue later, but thought I'd share the cases with everyone first.



First: Chung v Sarasota County -- limits ability of local government to agree to rezone a property with conditions to settle a lawsuit:

Chung_v_SarasotaCounty.doc



Second: Morgan Company v Orange County -- court refused to order County to implement a developer's agreement to rezone land, even after the developer completed its end of the bargain:



MorgranCo_v_OrangeCounty.doc



Last: Hartnett v Austin - Mother of Florida cases on "contracting away the police power" in zoning.



Hartnett_v_Austin_93So.2d86.doc

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