In particular, the City gerrymandered the map to singularly carve out Karenza’s property, while preserving rights for all similarly situated properties, in actions that resulted from back-room deals spearheaded by a powerful local developer and involving payment to a politician’s relative. The owner of the property, had sued the City for damages for the loss in property value when the City amended its Mural District ordinance in 2017 to prohibit Karenza Apartments’ property from continuing to display large advertising murals facing Interstate 195.
The Bert Harris Act expands taking claims by affording property owners relief from state and municipal actions and laws that inordinately burden existing uses or vested rights-all defined statutory terms. In a ten-page unanimous opinion, the Third District Court of Appeal reversed the Final Summary Judgment in favor of the City of Miami in a Bert Harris Act case in which the City had carved out Karenza Apartments, LLP’s property from the Mural District, the geographical area which allows large outdoor advertising/murals on buildings. Private Property Rights Protection Act, which is closely followed by specialists in the property rights arena as only a handful of appellate decisions govern this space.
Our litigation group secured an important win on an issue of first impression in the Third District Court of Appeal under Florida’s Bert J.
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