Appeals court sanctions environmental groups in land-use case

[csziggy]

This will make it impossible for most citizen groups to fight for environmental causes. It is especially troubling in this case since the group sanctioned was simply trying to get the state and county to follow their own rules for development.

Appeals court sanctions environmental groups in land-use case
December 14, 2010
By: Bruce Ritchie

A state appeals court ruled on Tuesday that environmental groups must pay the attorneys fees of Martin County, the Florida Department of Community Affairs and development interests for appealing a land-use case. Richard Grosso, an attorney for the groups 1000 Friends of Florida and the Martin County Conservation Alliance, says the ruling sets a chilling precedent for groups that seek to enforce state growth management laws.

Martin County in 2007 reduced from 20 acres to two acres the minimum lot size required in 191,000 acres of designated agricultural land in western Martin County. 1000 Friends of Florida and the Martin County Conservation Alliance filed a legal challenge, contending the land-use change failed to establish meaningful and predictable standards for protecting environmentally sensitive lands. An administrative law judge determined that the change won't create urban sprawl or more development because homes would be clustered on smaller lots with open space set aside for agriculture, conservation or parks.

When the groups appealed, the 1st District Court of Appeal ruled that they lacked the legal standing because they were not affected since there was no increase in development. The majority of the three-judge panel then imposed sanctions and ordered the groups to pay legal fees incurred by the county, DCA and intervenors Martin Island Way LLC and Island Way, LC. But in dissent, Judge William A. Van Nortwick Jr. said the case was "not close to providing a basis to impose sanctions." The erroneous standard used by the majority to impose sanctions "will create a precedent that will severely chill" those who seek appeals, Van Nortwick wrote.

More: http://fltrib.com/appeals-court-sanctions-environmental-groups-land-use-case

[T Wolf]

1. Simple solution. Do what business does. Dissolve, declare bankruptcy and reopen under a

different name.

[csziggy]

2. Yes, but a lot of long term established groups will be reluctant to do that

And for unincorporated citizens groups there will be no recourse - they can be held liable for simply trying to get the government to follow the laws.

Florida has a big problem with their planning for developments versus protecting the environment. Twenty or so years ago the Department of Community Affairs was established and every county had to submit a comprehensive plan which laid out a basic plan for future development. At the time they were encouraged to attempt to reduce urban sprawl and to protect environmentally sensitive lands.

Then Jeb Bush came in and gutted DCA, put in people who only looked at the developers' side of the issues and ignored environmental concerns. Groups and individuals have been fighting this for years. It actually got slightly better under Crist but Rick Scott is a wholly corporate and developer owned asshole who does not care about our environment. So this ruling comes at the worst possible time.