'Bert Harris' Ruling Is Needed Victory for Jacksonville Beach; the City Is Fending off Several Property Rights Cases Coming from Its Height-Limit Law

By Burmeister, Caren | The Florida Times Union, December 1, 2007 | Go to article overview

'Bert Harris' Ruling Is Needed Victory for Jacksonville Beach; the City Is Fending off Several Property Rights Cases Coming from Its Height-Limit Law


Burmeister, Caren, The Florida Times Union


Byline: CAREN BURMEISTER

JACKSONVILLE BEACH - A developer who got a court order last year enabling him to build a 10-story condo despite the city's 35-foot building height limit then sold the property for a $2 million profit isn't entitled to financial compensation from the city, a judge declared recently.

The Oct. 26 ruling was a resounding win for Jacksonville Beach, which is fending off several private property rights cases stemming from the building height measure that voters approved in late 2004.

Jacksonville Beach Mayor Fland Sharp said this week he was pleased with the decision.

"It was a frivolous lawsuit and the judge did exactly the right thing," Sharp said.

The decision involves Scott Gay and his wife, Lori, who sought financial compensation from the city, saying the height measure thwarted the condo's construction at 1034 First St. N. The Gays filed the suit under the Bert J. Harris Jr. Private Property Rights Protection Act, which entitles a property owner to compensation when a government regulation "inordinately burdens" a property's existing use.

The 2006 suit surprised city officials since it came shortly after a judge declared that the land had vested rights and the Gays could build the 10-story condo as they had originally planned before the height limit.

A few months later, the Gays sold the land to another developer, Lee Underwood, for $3.5 million. The Gays had bought the property for $1.35 million.

In his order, Circuit Judge Charles Mitchell said the Gays had no standing under the Bert Harris Act because they no longer owned the land. In addition, Mitchell said the height cap no longer created an inordinate burden on the property once the other judge granted the vested rights ruling.

At that point, "any claim of inordinate burden upon the property arising from the height restriction 'evaporated,' " Mitchell said. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

'Bert Harris' Ruling Is Needed Victory for Jacksonville Beach; the City Is Fending off Several Property Rights Cases Coming from Its Height-Limit Law
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.