Case No.674
Government & Administration
LITIGATOR(S):
Etan Mark
Jordan Nadel
For the past several years, 13th Floor has been working to development approximately 165 acres of a former golf course in the City of Tamarac into a residential community. In connection with the Project, on January 25, 2019, 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, 13th Floor 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, and the injunction was issued on December 2, 2021. The City of Tamarac appealed the injunction and on June 8, 2022, the Fourth District Court of Appeal affirmed the injunction, thus requiring Tamarac to hold a quasi-judicial hearing.