5 years ago

Koontz blog round up

By Brian T. Hodges Senior Attorney

Last week, I wrote about the broad support that our client in Koontz v. St. John’s River water Management District received from landowners, developers, industry associations, legal scholars, land use attorneys, and think tanks from across the nation. Since then, two law bloggers have provided excellent summaries of the amicus briefs.

Robert Thomas at inversecondemnation.com summarized the amicus briefs in a series of blog posts (here, here, and here).

Jacob Cremer posted his insights into the amicus briefs on the The Florida Land Environment blog (here and here).

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St. Johns River Water Management District v. Koontz

Coy A. Koontz sought to develop commercial land, most of which lies within a riparian habitat protection zone in Orange County, Florida. He applied for a dredge and fill permit with the St. Johns Water Management District, which  agreed to grant the permit only on the condition that he place a conservation easement over his land, and perform mitigation off-site by replacing culverts and plugging certain drainage canals on distant District-owned properties. When Koontz refused to perform the off-site mitigation, St. Johns denied the permit. PLF successfully represented Koontz before the U.S. Supreme Court, which held that a land-use agency cannot condition a permit on the payment of a mitigation fee to be used to pay for facilities that have no connection to the impacts of the permitted development.

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