Real estate disputes not over yet. Will high court hear the case?

| Dec 17, 2019 | Real Estate Disputes |

The Florida Supreme Court is being asked to hear a complex case that has already passed through the lower courts of the state. The plaintiffs are appealing from an adverse ruling made in the 1st District Court of Appeals. The real estate disputes involved have to do with a state constitutional amendment that voters approved several years ago.

The amendment addresses land and water conservation and, in particular, how monies from a Land Acquisition Trust Fund may be spent. The Florida Defenders of the Environment and several other parties seek the Supreme Court review, arguing that the funds were supposed to be used for buying and maintaining additional property acquired after the amendment took effect. The plaintiffs further contend that the defendant, namely, the state of Florida, misused the funds. In fact, a Circuit Court judge initially ruled in the plaintiffs’ favor.

The defendant appealed the ruling to the 1st District Court of Appeals, where the lower court ruling was overturned. That court ruled that state retains the power to spend the funds in question as it sees fit, with no restrictions. The plaintiffs are asking the high court to clarify the lower court ruling. An attorney speaking on behalf of the plaintiffs says the high court would not only be reviewing these issues for the sake of this specific case but with regard to all voter-initiated constitutional amendments.

Real estate disputes like this one are complicated and are much easier to resolve when experienced litigators are at the helm. Any person or group in need of guidance and support for similar issues can request a meeting with a Florida real estate law attorney. This is typically the first step toward finding a fair and just solution to even the most complex legal issues.

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