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. 

Filtering by Tag: referenda

Charter Amendment was Not a Plan Amendment: City of Riviera Beach v. Riviera Beach Citizens Task Force et al, 87 So. 3d 18 (Fla. 4th DCA 2012).

In a case challenging a charter amendment that would put specific restrictions on the use of certain publicly owned upland and submerged land, the circuit court found the proposed ballot language was not ambiguous, the amendment was not placed on the ballot in violation of the governing statute, and the ballot did not violate the “anti-referendum” provision of § 163.3167(12), Fla. Stat.  The District Court upheld the circuit court on all points. 

With respect to the final matter, the City and the Redevelopment Agency that owned the land argued that the prohibitions eliminated uses permitted under the comprehensive plan and zoning, and therefore would require amendments to the plan and zoning.  The circuit court and district court disagreed, and the district court found there were still uses for the affected property, that were consistent with the Comprehensive Plan.

Given the findings, the result was not surprising.  For whatever reason, the City did not challenge the amendment as an LDR that required hearings under § 163.3194.   This points out a problematic hole in     § 163.3167(12), even after recent amendments - while plan amendments and development orders are not subject to referenda, land development code changes are subject to referenda.  We’ll see if the statute is expanded to include LDRs after some decisions like this which still leave the development of specific sites subject to referenda.

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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.