Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Desire to Use Property for a Permitted Use not Valid Reason to Deny Rezoning - Palmer Trinity Private School, Inc. v. Village of Palmetto Bay, 31 So.3d 260 (Fla. 3d DA 2010)

This one is required reading.  In this “reverse spot zoning” decision, the Third DCA held that the Village could not deny a rezoning to a residential district that was consistent with the zoning of the surrounding lands, on the grounds that one of the permitted uses in the new district was a school use that the City knew the owner would request and that the neighbors objected to.  The opinion cites some of the more recent “reverse spot zoning” opinions in the Third DCA, but also the following two key and undercited opinions regarding the valid and proper use of zoning:  Porpoise Point P’ship v. St. Johns County, 470 So.2d 850 (Fla. 5th DCA 1985) and Debes v. City of Key West, 690 So.3d 700 (Fla. 3d DCA 1997).  

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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.