Best Lawyers for Litigation - Land Use and Zoning in Florida, United States

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Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Natural Resources Law Litigation - Environmental Litigation - Land Use and Zoning Environmental Law Land Use and Zoning Law
Lawyer
Mark S. Bentley was awarded  "Lawyer of the Year" in

Mark S. Bentley

Johnson, Pope, Bokor, Ruppel & Burns LLP
  • Location:
    Tampa, Florida
  • Practice Areas:
    Litigation - Land Use and Zoning Land Use and Zoning Law
Lawyer
  • Location:
    West Palm Beach, Florida
  • Practice Areas:
    Bet-the-Company Litigation Litigation - Labor and Employment Litigation - Construction Employment Law - Management Construction Law Litigation - Land Use and Zoning Litigation - First Amendment Mass Tort Litigation / Class Actions - Defendants Commercial Litigation Litigation - Securities Litigation - Real Estate
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Government Relations Practice Litigation - Land Use and Zoning
Lawyer
  • Location:
    Miami, Florida
  • Practice Areas:
    Litigation - Environmental Labor Law - Management Litigation - Labor and Employment Sports Law Land Use and Zoning Law Environmental Law Water Law Litigation - Land Use and Zoning Employment Law - Management
Lawyer
  • Location:
    Orlando, Florida
  • Practice Areas:
    Environmental Law Real Estate Law Litigation - Land Use and Zoning
Lawyer
  • Location:
    Orlando, Florida
  • Practice Areas:
    Litigation - Real Estate Real Estate Law Litigation - Land Use and Zoning
Lawyer
  • Location:
    Jacksonville, Florida
  • Practice Areas:
    Litigation - Banking and Finance Commercial Litigation Litigation - Real Estate Litigation - Land Use and Zoning Product Liability Litigation - Defendants
Lawyer
  • Location:
    Orlando, Florida
  • Practice Areas:
    Litigation - Land Use and Zoning Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Sarasota, Florida
  • Practice Areas:
    Litigation - Land Use and Zoning Administrative / Regulatory Law Land Use and Zoning Law
Lawyer
  • Location:
    Orlando, Florida
  • Practice Areas:
    Land Use and Zoning Law Litigation - Land Use and Zoning Environmental Law Water Law Litigation - Environmental
Lawyer
  • Location:
    Fort Lauderdale, Florida
  • Practice Areas:
    Litigation - Real Estate Litigation - Construction Commercial Litigation Litigation - Land Use and Zoning
Lawyer
  • Location:
    Fort Lauderdale, Florida
  • Practice Areas:
    Litigation - Land Use and Zoning Litigation - Real Estate

  • Location:
  • Practice Areas:

Practice Area Definition

Litigation - Land Use and Zoning Definition

Land use litigation broadly describes both the local appeal of zoning decisions or permit denials within the municipal or county government and the review of such local decisions in state and federal courts. Such decisions affect everything from the extension of a carport into a side yard setback to the zoning approval of a $100 million commercial development.

In many states, administrative permit decisions and zoning ordinance interpretations by local officials are appealed to the Board of Adjustment, which also determines whether variances from local ordinance requirements should be granted. Depending on the state and local government, other types of decisions are appealed from a lower administrative or board level to the Board of Adjustment or the elected body (Board of Aldermen, City Council, County Commission, etc.) such as denials of subdivision plans, special use permits, building permits, local environmental permits, variances, and zoning aesthetic standards. Historic District Commissions (or similarly named boards dealing with neighborhoods covered by one or more types of historic statuses) typically hear appeals from property owners whose request to make certain structural alterations has been denied.

Some local government decisions are administrative in nature and involve an objective determination of whether an application complies with regulations. The elected body typically makes legislative decisions using broadly granted powers to consider matters within their discretion. Quasi-judicial decisions, more common among Boards of Adjustment but also employed at the elected body level in some states, involve the application of courtroom procedures to control the types of evidence considered so that the board appropriately makes findings of fact and conclusions of law.

As a general rule, all local government decisions can be and are appealed to state courts once local appeals are exhausted. Federal courts rarely hear land use decisions unless a constitutional issue is involved.

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Land use litigation broadly describes both the local appeal of zoning decisions or permit denials within the municipal or county government and the review of such local decisions in state and federal courts. Such decisions affect everything from the extension of a carport into a side yard setback to the zoning approval of a $100 million commercial development.

In many states, administrative permit decisions and zoning ordinance interpretations by local officials are appealed to the Board of Adjustment, which also determines whether variances from local ordinance requirements should be granted. Depending on the state and local government, other types of decisions are appealed from a lower administrative or board level to the Board of Adjustment or the elected body (Board of Aldermen, City Council, County Commission, etc.) such as denials of subdivision plans, special use permits, building permits, local environmental permits, variances, and zoning aesthetic standards. Historic District Commissions (or similarly named boards dealing with neighborhoods covered by one or more types of historic statuses) typically hear appeals from property owners whose request to make certain structural alterations has been denied.

Some local government decisions are administrative in nature and involve an objective determination of whether an application complies with regulations. The elected body typically makes legislative decisions using broadly granted powers to consider matters within their discretion. Quasi-judicial decisions, more common among Boards of Adjustment but also employed at the elected body level in some states, involve the application of courtroom procedures to control the types of evidence considered so that the board appropriately makes findings of fact and conclusions of law.

As a general rule, all local government decisions can be and are appealed to state courts once local appeals are exhausted. Federal courts rarely hear land use decisions unless a constitutional issue is involved.