Planning in the courts by Nancy Stroud, James White & David Theriaque
•Als PPT, PDF herunterladen•
1 gefällt mir•862 views
![Two Cases ,[object Object],[object Object]](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
Empfohlen
Empfohlen
Weitere ähnliche Inhalte
Was ist angesagt?
Was ist angesagt? (18)
Andere mochten auch
Andere mochten auch (7)
Ähnlich wie Planning in the courts by Nancy Stroud, James White & David Theriaque
Ähnlich wie Planning in the courts by Nancy Stroud, James White & David Theriaque (20)
Mehr von APA Florida
Mehr von APA Florida (20)
Kürzlich hochgeladen
Kürzlich hochgeladen (20)
Planning in the courts by Nancy Stroud, James White & David Theriaque
- 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.