Planning in the courts by Nancy Stroud, James White & David Theriaque
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This document summarizes two land use cases: St. John's River Water Management District v. Koontz, where the Florida Supreme Court ruled that an agency's denial of a permit based on improper monetary conditions could result in a taking; and Herrin v. Volusia County, where an administrative judge reviewed a comprehensive plan amendment for a large development under new statutory standards. It also briefly discusses Martin County Conservation Alliance v. Martin County, where an appeals court sanctioned organizations for filing an appeal without standing.
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December 2011 update
The document summarizes several recent changes to Colorado law:
1) New rules for calculating filing deadlines take effect in 2012 and practitioners should check for updates. 2) The Jurisdiction and Venue Clarification Act of 2011 changes federal removal and venue rules. 3) The Colorado Supreme Court adopted a new public domain citation format for its opinions to make them more accessible.
Tort Or Taking
This document discusses the differences between torts and takings in the context of government actions on private property. It provides examples of cases where government argued an action was a tort (damage) rather than a taking, including a sewer leak, temporary workspace, and unauthorized improvements. The key factors courts consider are whether there was a physical invasion or appropriation of property for public use, even if temporary. The government may be liable for a taking even if the action was quickly remedied or the property owner initially consented. Distinguishing between a trespass and taking depends on the specific facts of the case.
Paulina Williams: Waters of the U.S. Rule: What It Says and What It Means, Fa...
This document summarizes the Waters of the U.S. Rule and the ongoing legal challenges to it. It outlines what waters are considered jurisdictional under the rule, including tributaries, adjacent waters, and other waters on a case-by-case basis. It also details exclusions from jurisdiction. Multiple lawsuits have been filed by states and industries challenging the rule's authority and process. Courts have issued a nationwide stay of the rule pending review, restoring the previous regulatory framework. Debate continues around appropriate regulation of waters and whether this rule will provide clarity or exceed legal authority.
2010 Annual Case Law Update
This document provides summaries of recent Massachusetts case law related to zoning and planning. It discusses six cases:
1. Albahari v. Zoning Board of Appeals of Brewster addressed when the right to a building permit vests to protect a lot from a subsequent zoning amendment. The court found the applicant was not entitled to a permit before notice of the zoning amendment.
2. Regis College v. Town of Weston determined a proposed independent living facility at a college was not primarily educational and not protected under the Dover Amendment.
3. Ravech v. Hanover struck down adult business zoning restrictions for failing to leave reasonable avenues for expression and not being adequately tied to secondary effects.
Year In Review (Nov. 29)
This summarizes a document reviewing environmental law cases from 2009-2010. It discusses three cases:
1) Fresh Meadow Food Serv., LLC v. RB 175Corp. upheld a RICO claim against a defendant who concealed underground storage tanks and contaminated soil when selling a property.
2) Wickens v. Shell Oil Co. addressed recoverable attorney fees under Indiana's Underground Storage Tank Act.
3) Evansville Greenway & Remediation Trust v. S. Ind. Gas & Elec. Co. concerned the common interest privilege and apportionment of liability under CERCLA. The court applied the privilege to communications between parties working to remediate contaminated sites. It also found CERCLA
Public sector planning club - October 2017, Nottingham
This seminar looked at the judicial review principles, a case study and also provided an update on planning law.
Sixth Circuit Court Stay of WOTUS Regulation
The U.S. Court of Appeals for the Sixth Circuit on Oct 9, 2015 issued a stay on the odious and overreaching Environmental Protection Agency (EPA)/Army Corps of Engineers' (ECA) so-called update that redefines Waters of the United States (WOTUS) to include just about everything, including mud puddles. Some 13 states sued to stop the new rule. This action keeps the rule from being adopted in any of the 50 states until a lawsuit, brought by the 13 states, has a chance of playing out in court.
Singing in the Rain — How to Defeat Claims Related to Sewer Backups
The Supreme Court of Illinois is considering whether temporary flooding can constitute a taking under the Illinois Constitution in light of a recent U.S. Supreme Court decision. A class of property owners filed suit against a water reclamation district alleging that flooding caused by stormwater diversions damaged their homes and deprived them of use. While an old Illinois precedent held that temporary flooding is not a taking, the U.S. Supreme Court more recently found that temporary flooding can be a taking if it directly interferes with use and enjoyment of the land. The trial court certified a question on whether the new federal precedent overrules the old Illinois precedent.
Mickelson Writing Sample
Friends of the Willamette has filed a lawsuit against WhyChang? alleging violations of its NPDES permit and various environmental laws. The memo analyzes WC's NPDES permit status, the scope of permit protections, and potential enforcement consequences. It finds that WC's permit remains valid, but some discharges may fall outside protections. Significant civil penalties are possible for violations, though some defenses like lack of notice may apply.
Administrative hearings 101
This document provides an overview and summary of administrative hearings and contested cases in Hawaii. It begins with an introduction to Jesse Souki and his background in administrative law. It then discusses where contested cases fit within the project approval process. The remainder of the document outlines key aspects of contested cases, including when they are required, basic information to prepare for a case, the hearing process, and standards for judicial appeals.
Lawyers, Water & Money, Jim Bradbury
The document discusses the threats to groundwater regulation in Texas arising from the Edwards Aquifer Authority v. Bragg case. It summarizes that the Texas Supreme Court found that limiting or denying a groundwater permit amounted to an uncompensated taking of property under the state constitution. This opens districts up to significant liability for carrying out their statutory groundwater management duties. It raises questions about how districts can reasonably regulate groundwater to conserve it for the future within the constraints established by this legal precedent.
Kelo V New London
This document summarizes New Jersey state law passed in response to the Kelo v. New London Supreme Court decision. The 2013 law aimed to increase transparency and public involvement in the eminent domain process. It requires municipalities to hold public hearings and designate a planning board to determine if an area qualifies as a condemnation redevelopment area. The law also includes a 45-day period for property owners to challenge such a designation in court. However, the document argues the law is insufficient because it does not clearly define "blight" and the Kelo decision allowed takings for economic development regardless of blight.
PA Commonwealth Court Decision Overturning Zoning Part of Act 13 Marcellus Dr...
PA Commonwealth Court Decision Overturning Zoning Part of Act 13 Marcellus Dr...Marcellus Drilling News
The decision issued by the Pennsylvania Commonwealth Court, the appeals court (second level) in PA. The decision overturns a portion of the Act 13 Marcellus Shale drilling law passed by the PA legislature in early 2012. The zoning portion of the law would have overruled any local zoning of oil and gas drilling with state guidelines. Seven towns and a few others sued to have the zoning provision nullified. The case will likely go to the PA Supreme Court in 2012.Similar to Planning in the courts by Nancy Stroud, James White & David Theriaque (20)
CLE International - Right to Take Issues and Dilemmas
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Paulina Williams: Waters of the U.S. Rule: What It Says and What It Means, Fa...
Public sector planning club - October 2017, Nottingham
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The Jimmy Buffett-themed Margaritaville Hollywood Beach Resort is expected to bring renovations and excitement to Hollywood beach when it opens in August 2014. The $130 million resort is spurring improvements among local businesses hoping to attract overflow from the 349-room property's restaurants, bars, and attractions. It is predicted that the resort will generate millions in annual tax revenue while its guests spend around $90 million per year in the local area. Local business owners see the resort as transforming Hollywood beach and helping the area compete with more successful beaches like Fort Lauderdale.
Sector planning presentation by Jim Sellen, Mike McDaniel, David Powell & Dav...
The document discusses sector planning in Florida. Key points include:
- Sector planning allows for long-term planning over large geographic areas of 15,000 acres or more and a planning period of 20-50 years.
- The process includes adopting a long-term master plan and more detailed specific area plans.
- Examples are provided of existing sector plans in Florida, including their size, projected population and development.
- Reasons why some large landowners may be interested in sector planning include its long-term planning horizon and ability to continue agricultural uses in the short-term. However, the process also has challenges such as public scrutiny and potential impacts to farming operations.
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- The Florida Constitution requires the development of a long-range state planning document that includes projections of future state needs and resources.
- The governor must recommend revisions to this document to the legislature biennially. All state departments and agencies must also develop their own planning documents consistent with the long-range state planning document.
- These planning documents must identify statewide strategic goals and objectives and include a prioritized list of planned expenditures that could be reduced in the event of revenue shortfalls. The documents remain subject to review and revision by the legislature.
Florida: An Economic Overview by Amy Baker
- Florida's economy grew 1.4% in 2010 after declining for two years, but personal income fell in Q3 2011 for the first time since 2009. Unemployment remained high at 9.9% in December 2011.
- While housing sales and permits have increased year-over-year, foreclosure rates remain high and home prices are flat. Population growth is expected to increase to around 1.1% by 2030, fueling economic growth.
- The recovery has been slow as the state has yet to regain the 779,700 jobs lost. Challenges remain such as high unemployment, tight credit conditions, and problems in the Eurozone economy.
9/9 FRI 09:30 | Protecting Florida's Aviation Assets
Clara Bennett
Thomas Cooney
Dan Bartholomew
Jon Sewll
Artie White
The panel discussion will focus on the importance of protecting aviation facilities and land assets through planning techniques and enforcing existing laws. The session will include an overview
of the economic benefit aviation brings to Florida and resources available to protect these assets, followed by a panel discussion with a local airport representative and government official to discuss how these techniques have been implemented in their areas. This session is appropriate for planning commissioners, elected officials, staff planners, zoning officials and others involved with land use and zoning responsibilities in areas near
commercial and general aviation airports.
9/9 FRI 16:15 | Creating Action Oriented Meetings
Robert Hunter
Bruce Cury
The session will be designed to provide planners and Planning Commissioners with valuable tools to create effective meetings that result in positive actions. In these lean budget times, using resources and time effectively is critical. Meetings are the planner’s primary vehicle for communicating and getting input from the public. Effective public participation in our planning processes is key. This session will provide perspectives on achieving effective public input in public hearings and running Planning Commission meetings that result in positive changes
for the community. Techniques for dealing with challenging individuals, reaching consensus, handling conflicts, politics and
keeping meetings on task will be discussed.
9/8 THUR 10:45 | Lessons Learned -Environmental Planning 1
Dr. Jennifer Languell
The land planning process today is heavily regulated and complex. This session highlighted real life examples from three senior level executives who drew upon past experiences
and demonstrated how they turned adversity into opportunity by employing creative and environmentally sound land planning
techniques. The presentation provided the audience with environmental solutions that can be successfully applied to their own projects. The panel presented their challenges, reviewed
the methodology and application of their solutions and discussed lessons learned throughout the process.
APA Florida 2011 Sponsors
This document lists different levels of sponsors - Platinum, Gold, Silver, and Bronze - that support an annual event. It thanks all sponsors for their contributions and support.
9/10 SAT 8:30 | Parking as a Smart Growth Strategy
This document summarizes a study on the impact of parking supply and demand management strategies in the Miami and Fort Lauderdale central business districts. The study found that (1) expanding parking supply does not solve congestion issues, (2) managing parking pricing and availability can reduce traffic by decreasing circling for parking and reflecting true travel costs, and (3) parking policy should support congestion management and community goals like economic development, quality of life, and sustainability. The document outlines the study methodology, analysis of parking supply and demand, the relationship between parking and transit performance, parking revenue options, land use policy recommendations, and topics for verification with local stakeholders.
9/10 SAT 10:00 | Keynote: John Landis
Planning as a discipline pays inadequate attention to evaluating its success and failures. As a result, planning “successes” often get defined by others, usually as a lack of success. John Landis, Crossways Professor and Department Chair of City and Regional Planning at the University of Pennsylvania, will provide insight and case studies on planning success stories, as well as provide
advice on how to institutionalize success into our efforts. Professor Landis teaches courses in urban economics, property development, land use planning, and green development, among
others. His research interests span a variety of urban development topics including growth management, infill housing, and the geography of urban growth. Professor Landis is currently
completing a National Science Foundation–funded project to model, forecast, and develop alternative spatial scenarios of U.S. population and employment patterns and their impacts on
travel demand, habitat loss, and water use through 2050.
9/10 SAT 8:30 | Planning for Walkable Multimodal Neighborhoods
Renea Vincent
Whit Blanton
Scott Swearengen
Shilpa Mehta
The City of Tarpon Springs seeks to revitalize its downtown core areas and encourage redevelopment for a vibrant, thriving, destination with a wide range of travel options. The principal ways proving access to the City's urban neighborhoods are constrained and cannot be widened to meet existing or future demand generated by redevelopment. In addition, existing future land use and zoning regulations are out of touch with the area's traditional urban form.
9/10 SAT 8:30 | Can Planners Create Jobs? - Planning & Econ. Dev. 4
Charles Pattison
As of the Spring of 2011 unemployment in Florida is hovering around 12%. Many people are out of work but what can planners do to help spur the state’s economy? Even Governor Scott has
placed economic development as the foundation of his governorship with his 777 Plan. This panel will consider some of the ways that planners can help in economic development efforts. The panel will explore the varied ways planning is intersecting
economic development in Florida in the private sector, in the environmental community and on the state and local levels.
9/9 FRI 4:15 | Rethinking Florida 2060
Melina Duggal
Charles G. Pattison
Debra Dremann
Frances Marino
The 2060 Plan prepared by the 1000 Friends of Florida presented an ominous scenario of sprawling development in Florida. Since
then, new policies at the state and local level, changes in the availability of capital both for development and conservation, and
demographic and economic trends have likely altered Florida’s future outlook. Is 2060 just delayed, or have development patterns
changed forever? A panel of experts will discuss likely growth scenarios, define ways to capitalize on alternative development trends and present ideas on conservation, planning, financing,
and approaches to development that can be successful in these economic times and the future.
9/9 FRI 4:15 | Reimaging Communities
Daniel Kildee
Like many states around the country, the recent economic and housing crisis took a toll on Florida’s communities. The increase in vacant, abandoned, and foreclosed properties has deteriorated neighborhoods, strained local governments, and stunted development.
The first part of this session will explore the challenges facing shrinking cities and how creative planning concepts can foster regionalism and intergovernmental collaboration. The
second part of this session will highlight systemic changes that can positively affect how communities plan, such as reforms to the property tax foreclosure, code enforcement, and mortgage
foreclosure systems.
9/9 FRI 4:15 | Pay-to-Play: Paying for Growth
Tyson Smith
Dr. Robert Burchell
The presenters will provide commentary on the shift from broadbased funding mechanisms (like property taxes) to user fees and special assessments (private or quasi-private mechanisms) as the principal means of funding new infrastructure. This shiftslow economic recovery and an anti-tax and anti-government
resurgence. Planners will be facing an environment where infrastructure increasingly is provided by either private parties (think
development agreements) or subsets of the jurisdiction who can afford it (think special assessments). This session discusses
what this trend means for planners and for society.
9/9 Friday 4:15 creating action oriented meetings
The document provides guidance on creating action-oriented meetings and transitioning to a paperless process. It recommends delivering agenda items and packets via website, flash-drive, netbook, or hard copy by request as part of the transition to paperless. It also outlines five rules of persuasive communication: be goal oriented, persuade using others' self-interest, make others feel important, do nothing to injure, and be brief.
9/9 FRI 4:15 | Avon Park AFR: Joint Land Use Study 3
Tricia Martin
Incompatible growth near military facilities can threaten our national defense. Learn what types of development can conflict with military training. Explore the challenges of conducting multi-jurisdictional studies to promote appropriate land uses, around military facilities. Panelists will discuss lessons learned during the course of a Joint Land Use Study (JLUS) of four counties
and three cities for the Avon Park Air Force Range, and close coordination with conservation groups. Strategies to develop support from the community and public officials for measures such as transfer of development rights to buffer the public from
the impacts of necessary military activities will be discussed.
9/9 FRI 4:15 | Avon Park AFR: Joint Land Use Study 2
Michael B. Bomar
Incompatible growth near military facilities can threaten our national defense. Learn what types of development can conflict with military training. Explore the challenges of conducting multi-jurisdictional studies to promote appropriate land uses, around military facilities. Panelists will discuss lessons learned during the course of a Joint Land Use Study (JLUS) of four counties
and three cities for the Avon Park Air Force Range, and close coordination with conservation groups. Strategies to develop support from the community and public officials for measures such as transfer of development rights to buffer the public from
the impacts of necessary military activities will be discussed.
9/9 FRI 4:15 | Avon Park AFR: Joint Lands Use Study 1
Helen Sears
Daniel L. Glasson
Lt Col Charles E. Maclaughlin
Incompatible growth near military facilities can threaten our national defense. Learn what types of development can conflict with military training. Explore the challenges of conducting
multi-jurisdictional studies to promote appropriate land uses, around military facilities. Panelists will discuss lessons learned during the course of a Joint Land Use Study (JLUS) of four counties
and three cities for the Avon Park Air Force Range, and close coordination with conservation groups. Strategies to develop support from the community and public officials for measures such as transfer of development rights to buffer the public from
the impacts of necessary military activities will be discussed.
9/9 FRI 2:45 | Tampa Bay Regional Strategic Freight Plan
Danny Lamb
Frank Kalpakis
Robert Cursey
Alex Bell
The Florida Department of Transportation, District Seven has developed a strategic plan for freight mobility in the Tampa Bay region to support economic development and capitalize on the
new trade environment that includes the growth of the region as a distribution hub, the expansion of the Panama Canal, and the eventual opening of free trade with Cuba. The Strategic Freight
Plan includes a policy framework to guide the identification of investment strategies and roadway design that support the primary corridor function and are compatible with the land uses and
associated activities within travel corridors in the region.
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9/9 FRI 4:15 | Avon Park AFR: Joint Land Use Study 3
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9/9 FRI 4:15 | Avon Park AFR: Joint Land Use Study 2
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- 1. Planning in the Courts APA Florida 2012 Public Policy Workshop February 8, 2012 Nancy Stroud, AICP JD Lewis Stroud & Deutsch, PL Boca Raton, FL
- 26. APA Florida’s 10 th Annual Public Policy Workshop Planning in the Courts Tallahassee, Florida [email_address] February 8, 2012
- 27. Martin County Conservation Alliance v. Martin County , 73 So.3d 856 (Fla. 1st DCA 2011) After losing a challenge to a comprehensive plan amendment, Martin County Conservation Alliance and 1000 Friends of Florida filed an appeal to the First DCA. The First DCA denied the appeal and then issued an order to show cause why sanctions should not be imposed against the Petitioners “for the filing of an appeal for which standing clearly is not present.”
- 28. The First DCA imposed “a sanction of an award to Appellees of all appellate fees and costs ‘to be paid to the prevailing party in equal amounts by the losing party and the losing party’s attorney.’” $$$$$$$$$$$$$$$$$$$$$$$$ The majority decision was written by Judges Hawkes and Thomas.
- 29. Judge Van Nortwick wrote a dissenting opinion, strenuously objecting to the majority decision: “ In my view, this case is not close to providing a basis to impose sanctions. . . . The record reflects that there are material facts that support appellate standing which are more than sufficient to demonstrate that the assertion of appellate standing was not so without record basis to justify the imposition of sanctions. . . . Further, the sanction order creates precedent that will severely chill appellate advocacy, especially for non-profit environmental organizations like the appellants here.
- 30. FLORIDA SUPREME COURT MCCA and 1000 Friends have requested that the Florida Supreme Court hear this case – there is no legal obligation that the Court agree to do so. Due to the potential chilling effect of this decision on citizens who seek to exercise their legal rights under the Community Planning Act, FAPA has agreed to support the efforts of MCCA and 1000 Friends to overturn the First District’s imposition of sanctions against MCCA and 1000 Friends.