It took a while, but the Florida Supreme Court recently upheld a 2011 5th District Court of Appeals’ decision invalidating a city ordinance that gave priority to code enforcement liens over prior-recorded mortgages. City of Palm Bay v. Wells Fargo Bank, N.A., Case No. SC11-830 (May 16, 2013). Palm Bay’s ordinance had attempted to establish
The Legal Scoop on Southwest Florida Real Estate
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Lee County Commission Reduces Impact Fees
On March 12, the Lee County Commission approved a 2-year, 80% reduction in road, park and school impact fees charged on new construction in an effort to encourage new development permitting and increase the County’s competitiveness for new business and industry. Fire and EMS impact fees were not affected. The reduction in impact fees will…
Lee County Easing Development Process
Lee County has taken several steps over the last few weeks to streamline the development permitting process and improve the regulatory “climate” for new businesses and development.
Land Development Code Amendments
On February 12, the Lee County Commission approved a series of amendments to the Land Development Code (LDC) that were recommended by the Horizon…
Impact Fee Decision Delayed
On Tuesday, February 12, 2013, the Lee County Commission unanimously voted to delay consideration of a proposed 2-year suspension of impact fees so that additional information could be provided regarding the effect of such a suspension on the County’s infrastructure budgeting.
Also of concern was the impact on the various municipalities within Lee County and…
Leasehold Interests and Land Use Traps
A recent decision from the Florida 4th District Court of Appeal illustrates some special land use concerns that come into play when the affected party holds a leasehold interest rather than fee simple ownership. Changing Regulations Can Affect Leaseholders In Village of N. Palm Bch. v. S&H Foster’s, Inc., 80 So. 3d. 433 (Fla. 4th…