![]() Wyman Duggan, R-Jacksonville, recently filed the bill, which puts people on the hook financially if they lose such legal challenges to local government’s growth plans, or amendments to those plans. ![]() “These are often situations that are controversial - development is such a huge issue statewide.” “The intent of the legislation seems to be to chill people from filing these sorts of challenges,” said Gil Smart, Policy Director for the Friends of the Everglades. Update: This story has been updated with comment from counsel for Frigate’s.Īrticle Link: Florida Restaurant Wins $3.2M In Eminent Domain Disputeįloridians would be on the hook to pay when they lose lawsuits that oppose building new homes on undeveloped lands, under a newly filed bill.Įnvironmental groups fear that if the bill were to pass, it would deter people from filing lawsuits limiting development - and lead to greater sprawl. Frigate’s Holdings LLC, case number 50-2021-CA-010519-XXXX-MB, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida. The case is State of Florida Department of Transportation v. Ottey, Jared Silver and Melissa Presser.įrigate’s Waterfront Bar & Grill is represented by Richard J. ![]() The Department of Transportation is represented by David R. “The ultimate result was a great win for Frigate’s which will provide relief to the impacts caused by the Earman Bridge replacement project.”Ĭounsel for the department didn’t respond to a request for comment Wednesday. Presser had an extremely difficult job balancing the needs of FDOT to take the property, the impact to the property and business owner, and protecting the taxpayers dollars in fully compensating the property and business owner,” Dewitt said. Dewitt III described the compensation award as a “stellar result.” Dewitt said that he had to use eminent domain experts to determine how much compensation the restaurant deserved for its land.ĭewitt also praised the professionalism of one of the department’s counsel, Melissa Presser. In a Wednesday statement to Law360, the restaurant’s counsel, Richard J. The representative said the reconstruction project would have disrupted the restaurant’s business for seven years.Īfter the suit was filed, the department and the restaurant began to mediate in December 2022 and settled the dispute in January 2023, according to court records. According to a public relations representative for Government Law Group PLLC, the law firm representing the restaurant, the department initially offered $346,000 for the restaurant’s land, which was near the reconstruction site of the partially collapsed bridge. Goodman of the 15th Judicial Circuit Court noted that the department had previously deposited $346,100 in the court registry, and told the department to send a $2.8 million check to Frigate’s Waterfront Bar & Grill Inc.’s counsel within 60 days of receiving his court order.įlorida’s government began its suit against Frigate’s Waterfront Bar & Grill in September 2021 in Florida state court. ![]() In his order filed Tuesday, Judge Jaimie R. A Florida state judge awarded $3.2 million as compensation to a Palm Beach County restaurant that was sued by the state’s Department of Transportation under the state’s eminent domain laws so that the government could obtain land to rebuild the Earman River Bridge after it partially collapsed in 2017. ![]()
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