Wednesday, February 09, 2005

Supremes won't hear appeal of 3d DCA decision on Bert Harris

In this disposition order, the Florida Supreme Court declined to accept jurisdiction in Miami Beach v. Royal World Metropolitan, Inc.

The 3d had determined in this opinion below that section 13 of the act, which provides that the act does not affect the soveriegn immunity of government, did not act to protect local governments from suits for damages or other relief under Bert Harris. The 3d found that such a result would be absurd, given the clear intent of the Act to provide for damages and relief to property owners who suffer an "undue burden" at the hands of local regulators.

Thanks to Larry Sellers at Holland & Knight's Tallahassee office for passing this one on.

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