In Atlantic Shores v. 507 South Street Corporation, here's the link, the court held that an objecting neighbor could not litigate a height definition issue in the approval of a redevelopment site plan where it had raised and lost the same issue in a seperate administrative proceeding regarding a certificate of appropriateness and had not pursued its administrative remedies in the other case. The court treated this as a form of collateral estoppel.
Critical to the determination was that the hieght issue raised in the second proceeding was the same issue: one of the criteria in the city comission's consideration of whether the plan conformed to the same standards that applied in the certificate of appropriateness. Because the issue was the same, the objector could not relitigate it in the later proceeding having had (and not followed) the opportunity to fully litigate and appeal it earlier.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Bảy, 18 tháng 11, 2006
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
You would think after forty-seven thousand gazillion years of jurisprudence, litigators would be savvy enough to not argue the same re...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
I don't know, I feel like we're getting a little Frank Jimenez chronic here, and yet more news keeps breaking. Now it's this , i...
-
The Second District Court of Appeal ruled yesterday in Payne v. Payne , a case in which the parties sought dissolution of a seventeen year m...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
In Atlantic Shores v. 507 South Street Corporation, here's the link , the court held that an objecting neighbor could not litigate a hei...
-
Tallahassee Police Department Cyber Crimes Unit tallahassee.com - www.tallahassee.com "Hard drive duplication is one of the first and m...
-
In Powell v. City of Sarasota, here's the link, http://www.2dca.org/opinion/September%2013,%202006/2D05-4850.pdf , the Second DCA held t...
-
"ANKARA, Turkey -- On Aug. 16, 2005, a CNN television news bulletin alerted viewers that computers at the network's New York and At...
Không có nhận xét nào:
Đăng nhận xét