Becker & Poliakoff

Infrastructure & Land Use

Becker has extensive experience in cases involving infrastructure issues, including land development and usage, local government law, developer agreements, land use and zoning changes, environmental permitting, site planning, DRI compliance, creation of Planned Unit Developments, Planned Developments, Community Redevelopment Agencies, variances, and NIMBY lawsuits.

Representative Cases

  • 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.
  • Successfully defended the City of Hollywood and a real estate developer, with vested rights, from constitutional challenges brought by a citizens group relating to the City’s review criteria for development approval, in Friends of Great Southern, Inc. v. City of Hollywood (2007).
  • Graves v. City of Pompano Beach et al. Defended a national public traded casino and gaming company in litigation brought by a competitor in challenging land use, zoning and development approvals
  • Christ Covenant Church v. Town of Southwest Ranches, 2008 WL 2686860 (S.D. Fla. June 29, 2008). Prevailed on motion to compel discovery in action brought by house of worship against municipality alleging discrimination in denial of site plan application; decision permitted client to obtain important discovery in RLUIPA action.
  • Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003). Ad valorem taxation of Pompano Harness Track.