Fla. ome Builders, Inc. et al v. City of Tallahassee, 34 Fla. L. Weekly D1096
An individual, a homebuilder with an affected project, and a group of industry representatives filed a declaratory action against Tallahassee’s affordable housing (forced inclusionary zoning) ordinance. The trial court upheld the ordinance.
The individual had been found not to have standing and did not appeal. The affected builder had separately announced its intention to abandon its project, though how this become part of the record is not stated. The 1st then found that the record was insufficient to allow the Florida Home Builders and Leon County Builders to have standing because the record did not disclose how a significant number of their members might be affected.
This is a very disturbing ruling and clearly portends more contentious litigation over these types of issues in the future. Landowners and builders should have standing to challenge these ordinances BEFORE they are faced with a denial for refusing to include affordable housing that the government is trying to extract from them. Creating standing barriers for the organizations that represent them puts an unfair burden on individual builders.
This only invites more legislation like this year’s impact fee statute.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Hai, 6 tháng 7, 2009
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
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...
-
stucomplaint I'm still on a high from last night's Bar thingy, so...
-
11th Circuit, 11th Schmircuit, that's what I always say. And I see I'm not alone. On Friday in the closely-watched Checking Overdraf...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Here is the Senate Judiciary Committee agenda (there was a live webcast too). From a well-placed source: He finished – no hard questions- ...
-
In the very long saga of Fort Lauderdale attorney Robert Ingham 's doomed representation of MCS against Essent Healthcare, Judge Seitz ...
-
Hi folks, lots of fun stories floating around today. First, as anyone working at a big firm knows, conflicts checks are a real hassle. Just ...
-
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...
Không có nhận xét nào:
Đăng nhận xét