Industry: Real Estate, Rental & Leasing

All proceeds go to our favorite 'gator-friendly environmental charity (making the world a better place for our future generations) :

Waterkeepers

Use the court as an ally to keep politicians in check.

For the past several years, a prominent land developer (our client) has been working to develop approximately 165 acres of a former golf course in the City of Tamarac into a residential community. In connection with the Project, the developer filed a Large-Scale Land Use Map Amendment Application to amend the property’s land use from commercial recreation to low residential. After incurring millions of dollars of costs associated with preparing to present the application to Tamarac in a quasi-judicial hearing, our client learned that the City – for political reasons – decided to change the nature of the hearing at which the LUPA was considered from quasi-judicial to legislative. The effect of changing the procedural posture of the hearing from a quasi-judicial hearing (at which the commission must consider evidence) to a legislative hearing is profound. So, MM&H filed an emergency motion for an injunction against Tamarac. After argument, the injunction was issued. The City of Tamarac appealed the injunction and the Fourth District Court of Appeal affirmed the injunction, thus requiring Tamarac to hold a quasi-judicial hearing.

After the quasi-judicial hearing, and considering all the evidence, the City of Tamarac approved MM&H’s development project.