Moorhead Law Group

Land Use Law

U.S. Supreme Court struck down impact fees in Sheetz v. County of El Dorado, ruling that conditioning a permit upon payment of an impact fee constituted a 'taking'. The ruling affirmed property rights and established a two-part test for impact fees: essential nexus and rough proportionality. Also mentions a related Florida case in 2020 where Circuit Court struck down Santa Rosa County impact fees as unconstitutional tax, upheld by First District Court of Appeal.

Real Estate Litigation

Third District Court of Appeals of Florida affirmed a trial court ruling that fixed-price purchase options with unlimited duration are unenforceable as an unreasonable restraint on alienation of property. Summary judgment was granted in favor of New Birth Baptist Church Cathedral of Faith International, Inc.

Real Estate Litigation

Florida Supreme Court ruled that a covenant in a deed requiring arbitration of construction defect claims against the grantor/original developer is a 'real' covenant, which runs with the land, and is therefore binding on subsequent purchasers. The court affirmed the dismissal of the action against U.S. Home Corporation.

Real Estate Litigation

District Court reversed the trial court's dismissal of nondisclosure claims against real estate agents in Kjellander V. Abbott, allowing buyers to prove allegations of misrepresentation or failure to disclose defects with the home.

Land Use Law

Moorhead Law Group, representing the Home Builders Association of West Florida (HBA), achieved a victory against a rural water utility that was charging impact fees to developers and builders in an untimely and unreasonable manner. The utility agreed to reverse its impact fee policy.

Real Estate Litigation

Appellate court reversed an involuntary dismissal entered before the Plaintiff mortgagee completed its presentation of evidence, holding that the placement of an undated blank endorsement on the note after a copy of the note was attached to the mortgagee’s verified foreclosure complaint did not affect the authenticity or admissibility of the note.