Friday, July 25, 2003

Miami Beach case - Harris Act damages reinstated

The 3d DCA - unsurprisingly - overturned a Circuit Court determination that held that the actions under the Harris Act couldn't be maintained against a municipality under sovereign immunity (actually a clause in the Act that indicated that the Act itself wasn't a waiver of immunity).

Here's a link to the case (Word format) - RoyalWorld_v_MiamiBeach.doc

So now we'll probably have some cases where we find out whether a significant downzoning is a compensable "undue burden" under the Act.

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