Real Estate Litigation

The firm has engaged in a substantial land use and real-estate related litigation practice since its inception. Experience among members of the firm ranges from simple appeals of local government decisions to complex litigation to obtain or defend land use approvals and protect private property rights at the local, regional and state levels.

Litigation in these areas arises within a variety of contexts related to the acquisition and development of real estate, such as disputes arising from a contract to sell or purchase property, disputes related to closing on the sale or purchase of real property, disputes arising from the extent of ownership of property (such as title, boundaries and rights conferred by ownership), disputes with governmental agencies charged with overseeing development approvals and permits required for development of property, defense against opposition to such approvals made by third parties such as neighboring property owners and environmental groups, and defense of enforcement actions filed by regulatory agencies that oversee use and development of real estate within Florida.

The depth of our experience and creativity in solving such problems, our relationship and credibility with staff attorneys at all levels of government, and our focus on achieving the most cost-effective and expeditious resolution of litigation possible make the attorneys at Lowndes, Drosdick, Doster, Kantor & Reed some of the most sought after in disputes related to the acquisition, use and development of real estate. Our areas of focus include:

• Appeal of local government decisions related to rezonings, site plan approval, building permits, and other land use approvals
• Writs of Mandamus to order local governments to issue land use approvals or permits
• Comprehensive plan challenges before the Department of Community Affairs and Division of Administrative Hearings
• Challenges to Developments of Regional Impact before the Division of Administrative Hearings
• Challenges to Mitigation Bank permits involving Regional Water Management Districts and the Division of Administrative Hearings
• Challenges to Water Management District permits
• Challenges to Department of Environmental Protection permits
• Challenges to Army Corps of Engineers permits
• Regulatory takings
• Claims for compensation under the Bert J. Harris, Jr. Private Property Rights Protection Act
• Proceedings before State of Florida administrative agencies under Florida’s Administrative Procedures Act
• Federal and state court enforcement challenges
• Environmental compliance challenges
• Hazardous waste contamination challenges
• Contractual disputes related to acquisition of real property
• Title disputes
• Boundary disputes
• Riparian rights disputes
• Ad valorem tax challenges
• Condemnation actions