Becker & Poliakoff

Governmental Litigation

Our litigators have extensive experience in this area of the law which includes trials and appeals of eminent domain suits, bid protests relating to government contracts, ad valorem tax cases on large commercial properties, telecommunications and public records cases. In representing government clients in litigation, we have conducted executive sessions with Commissioners, represented government entities and aligned private parties in mediations, participated in Special Master litigation under Fla. Stat. Chapter 70, conducted trials, including DOAH trials, and oversaw multiple appeals.

Types of Representation:

  • Burt Harris Claims
  • Inter-Local Disputes
  • Contract Litigation, Including Inter-Local Contracts, Contracts with Citizens or Businesses (e.g. Commercial Leasing, Settlement Agreements as Part of Litigation and to Resolve Code Enforcement Issues)
  • Utility Contracts (and Evaluation of Such Agreements)
  • Easements and Restrictive Covenants
  • Code Enforcement, and Related Lien Issues
  • Civil Rights Charges Under 42 U.S.C. 1983 (Including Equal Protection, Vested Rights, Absolute and Qualified Immunity)
  • Eminent Domain
  • Environmental Issues (Predominantly for Property Owners)
  • Historical Preservation Issues
  • Religious Land Use and Institutionalized Persons Act (“RLUIPA”) Litigation and Claims
  • The Full Range of Land Use Issues, Including, But Not Limited to, Compliance and Consistency for Comprehensive Plan Amendments, Department of Administrative Hearing Trials, Petitions for Certiorari (First Tier and Second Tier), Interpretation of Land Development Codes, Zoning, and All Manner of Challenges in Connection With the Above
  • Public Records Requests and Litigation Under the Public Records Laws (Including Sunshine Laws)

Representative Clients:

  • the Town of Southwest Ranches
  • the City of Florida City
  • the City of Hollywood
  • the City of Pompano Beach
  • the City of Parkland
  • the City of Palm Beach
  • Palm Beach County
  • Broward County
  • the South Florida Water Management District
  • Additionally, we have undertaken matters adverse to the City of Fort Lauderdale, the City of Aventura, the City of Pembroke Pines, and Broward County

Representative Cases:

  • Prevailed on appeal on behalf of a transportation service provider in a bid protest dispute arising out of Broward County’s award of a shuttle bus contract for Fort Lauderdale-Hollywood International Airport, in Academy Express, LLC v. Broward County (2011).
  • Obtained an appellate court ruling that government officials enjoyed qualified immunity from suit based on officials’ land-use determinations concerning the interpretation of a comprehensive land-use plan, in Southwest Ranches v. Kalam, (2009). The Court held that the qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.
  • Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003). Ad valorem taxation of Pompano.
  • For City of Parkland, our attorneys successfully litigated a case for injunctive relief and damages for breach of contract with a commercial vendor which had previously agreed to sunset certain business activities within the City.
  • Numerous examples of the defense of successful bids on behalf of winning bidders and challenging bids on behalf of second or third place bidders relating to the procurement of transportation services, technology, construction services and others.