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Decision in Ambrose case
will stand
Florida Supreme Court denies review of verdict
By KRISTINE
FRIEDMAN, Staff Writer
Nearly 15,000 undeveloped lots throughout the
Keys must comply with today's development restrictions, says a ruling by
Florida's Third District Court of Appeals.
The plaintiffs, in what is known as the Ambrose
case, had won the first trial court hearing in 1997, but were later
defeated in the appeal.
Earlier this month,
the Florida Supreme Court issued an order denying a review of the
verdict.
"It is a victory for all Keys residents," said
attorney Edward Guedes, working for the defendants which include the
Village of Islamorada, Monroe County and the Florida Department of
Community Affairs.
"A reverse ruling would have been environmentally
detrimental, with unfavorable sewage, pollution, hurricane evacuation
and traffic impact," said Guedes.
The suit was filed
by landowners who claimed their property rights were being unfairly
restricted.
Guedes said they believed having their parcels
plotted showed intent to develop the land.
They claimed that increasing development
restrictions enacted at various times by the Monroe County and its
municipalities to protect against unmonitored growth n infringed on
their intentions.
But the courts
ruled that platting alone does not show intent to develop.
"Any other ruling would in effect render all
other [development] policy useless," said Guedes.
According to Guedes, many of the properties are
still buildable, but may have more restrictions on them then at the time
the land was purchased.
Though Guedes said
the Florida Supreme Court's order leaves no room for an appeal on the
class action, he said individual cases would be remanded to the trial
court for further proceedings.
There, legal officials will determine whether any
of the property owners took other action to show intent, and therefore
have vested rights.
"If you've taken significant affirmative action
and invested substantial money in developing, the county or state can't
take those rights away," he said.
But he said simply
holding the deed on land purchased years ago isn't enough, in the
court's eyes.
Kristine Friedman covers health, business, law enforcement
and the Village of Islamorada. She can be reached at 852-3216 or by
e-mail at
kfriedman@keysreporter.com |
