Decisions of Interest

NG&N claims a copyright to the material on this site. You may use the material on this site only for personal informational purposes. If you wish to use the material for any other purposes, you must have the express written consent of NG&N to do so.

 

Land Use Litigation Cases

Brown v. Columbia County

Circuit court order finding after trial no taking of Plaintiffs’ property by the County for alleged flooding due to county road and drainage improvements.
Read Circuit Court Order

Braswell v. Leon County Department of Development Support and Environmental Management

Final Order of Leon County adopting Recommended Order of Administrative Law Judge entered after quasi-judicial hearing determining site and development plan for 36-unit townhome development is consistent with Leon County Comprehensive Plan and Land Development Code.
Read Final Order

Moore Pond Homeowners Association, Inc. v. Golden Oak Land Group, LLC

Final Order of Leon County Board of County Commissioners adopting Recommended Order of Administrative Law Judge entered after quasi-judicial hearing determining site and development plan for 61-lot residential subdivision is consistent with Leon County Comprehensive Plan and Land Development Code.
Read Final Order

Cemex Construction Materials Florida, LLC v. Lee County

Administrative order upholding Lee County Comprehensive Plan Amendments as "in compliance."
Read Recommended Order

K & H Development, Inc. v. Keith Howard, et al.

Action alleging a taking of property resulting from an assignment of density.
Read Opinion

Judkins v. Walton County

Florida First District Court of Appeal decision upholding summary judgment for Walton County on an inverse condemnation claim on the basis that the claim was barred by the statute of limitations.  The written opinion is one of only a handful of Florida appellate decisions to address the stabilization doctrine set forth in United States v. Dickinson, 331 U.S. 745 (1947), which provides for a narrow exception to the statute of limitations in inverse condemnation claims.
Read Opinion

Tax and Finance Litigation Cases

Daly v. Marion County

Opinion of the First District Court of Appeal upholding a Final Judgment entered by the trial court requiring the Department of Juvenile Justice to refund to Polk County the amount of $4,782,199.76 and Seminole County the amount of $4,068,697.55 representing overpayments made under an invalidated methodology used by the Department for calculating the Counties’ share of the secured juvenile detention costs.
Read Opinion

Marion County, et al. v. Department of Juvenile Justice

Opinion of the First District Court of Appeal reversing final orders of the Department of Juvenile Justice regarding detention cost sharing as to Marion, Polk and Seminole Counties.
Read Opinion

Okaloosa County v. DJJ

Opinion of the First District Court of Appeal affirming Final Order invalidating rules of the Department of Juvenile Justice regarding detention cost sharing.
Read Opinion

City of Palm Bay v. State of Florida, et al.

Final Judgement of circuit court validating bonds for stormwater improvements.
Read  Final Judgement

Palatka Housing Authority v. Putnam County

Circuit court order upholding the validity of fees charged to the Palatka Housing Authority by the County for solid waste disposal services, affirmed by the Fifth District Court of Appeal.
Read Circuit Court Order

SEDA Construction Company v. Nassau County

Circuit court order upholding the County’s educational impact fee ordinance, affirmed by the First District Court of Appeal.
Read Circuit Court Order

Davis v. Marion County

Florida Fifth District Court of Appeal decision upholding "reassessment" for road improvements.
Read Opinion

Desiderio Corp. v. City of Boynton Beach

Florida Fourth District Court of Appeal decision upholding special assessment funding fire rescue department.
Read Opinion

Donovan v. Okaloosa County

Florida Supreme Court decision validating revenue bonds to finance beach restoration project.
Read Answer Brief |  Read Opinion

General Litigation Cases

Singh v. Orange County

Opinion of the Florida Supreme Court invalidating Orange County‘s Charter Amendment providing for non-partisan elections of County officers.
Read Opinion

Everett v. Putnam County

Circuit court order granting summary judgment to the County with regard to an alleged violation of the Public Records Act.
Read Circuit Court Order

Dwight E. Brock v. Leo E. Ochs, Jr., et al.

Circuit court order upholding Collier County’s purchasing ordinance and policy, affirmed by the Second District Court of Appeal.
Read Circuit Court Order

Advisory Opinion to the Attorney General re: Limits or Prevents Barriers to Local Solar Electricity Supply

Florida Supreme Court opinion upholding the ballot title and summary for the Floridians for Solar Choice, initiative petition.
Read Opinion

Scott Israel v. The City of Fort Lauderdale

Opinion of the Fourth District Court of Appeal concluding the circuit court erred in denying the City’s Motion for Summary judgment based on sovereign immunity and determining that the City waives sovereign immunity only when it enters into an express contract, and not where a contract was merely implied.
Read Opinion