Wednesday, February 04, 2004

Contracting Away the Police Power

A flurry of activity on the Florida Env't & Land Use Section's email list led me to post a few Florida cases that describe limits on the ability of a local government to agree to change land use designations (plans or zoning) through a developer's agreement or settlement agreement.

I'll post some ideas on this issue later, but thought I'd share the cases with everyone first.

First: Chung v Sarasota County -- limits ability of local government to agree to rezone a property with conditions to settle a lawsuit:

Second: Morgan Company v Orange County -- court refused to order County to implement a developer's agreement to rezone land, even after the developer completed its end of the bargain:


Last: Hartnett v Austin - Mother of Florida cases on "contracting away the police power" in zoning.


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