Greenspoon Marder Successfully Represents City of Pembroke Pines

Uncategorized Aug 1, 2016

MEDIA CONTACT
Michelle Martinez Reyes, Chief Marketing Officer
954.333.4357 | [email protected]

GREENSPOON MARDER SUCCESSFULLY REPRESENTS CITY OF PEMBROKE PINES

Orlando, FL – August 1, 2016 – Usher L. (Larry) Brown of Greenspoon Marder successfully represented the City of Pembroke Pines in its lawsuit against Corrections Corporation of America (CCA), a publicly traded operator of prison facilities for the federal government, state governments and foreign governments. On July 27, 2016, a unanimous panel of the Fourth District Court of Appeal affirmed a circuit judgment in favor of the City of Pembroke Pines.

The judgment affirmed that a city utility is not required to serve property outside the city limit. An exception was if the City had unequivocally expressed its intent to serve all property in a service area. The City had not passed an ordinance or formal resolution establishing a service area, nor had it created a service area outside its boundaries under the procedures in Chapter 180 of the Florida Statutes. Another exception was if the City had entered a contract with CCA, but the Court found it had not entered such a contract.

The opinion is of great importance for local governments that wish to preserve the maximum rights of sovereign immunity they may lawfully assert, and is also of great importance for developers who need to safely acquire the necessary vested rights to successfully develop.

The trial court decision becomes final 15 days after the initial decision, during which time CCA may move for rehearing.

This victory was spearheaded by Greenspoon Marder shareholder Usher L. (Larry) Brown, with assistance from shareholder Victor S. Kline.

Editor’s Note – Case Background:

In 2005, CCA purchased an approximate 20-acre parcel of land located outside of the City, but adjacent to it. In 2011, CCA was selected by ICE (Immigration and Customs Enforcement) to build and operate a large detention facility for illegal aliens arrested for crimes. Then the adjacent municipality of Southwest Ranches entered a contract with CCA to joint venture the detention facility project. Starting in 2011, CCA and the adjoining Town worked with staff at Pembroke Pines to secure a vested right to receive water and sewer utilities from the City of Pembroke Pines. Initially the City was moving to provide the utility service until citizens protested a large jail being operated in close proximity to thousands of residences, schools, and many libraries, parks, places of worship and YMCAs in Pembroke Pines.

The City Commission listened to its citizens, and authorized attorney Usher L. (Larry) Brown to research whether the City was required to provide water and sewer service to the CCA site outside the City limits. Ultimately, Brown successfully obtained a trial court judgment that was affirmed in this appellate court decision. Pembroke Pines could have served the site with utilities, but made a political decision not to provide the service, and instead directed attorney Brown to seek a declaratory judgment from the court if it had to provide the service.

Case Title: CCA v. City of Pembroke Pines

Case Number: 4D14-4815

About Greenspoon Marder

Greenspoon Marder LLP is a full-service law firm with over 240 attorneys and more than 20 office locations across the United States. With operations from Miami to New York and from Denver to Los Angeles, our firm attracts some of the nation’s top talent in key markets and innovation hubs. Our core practice areas include Real Estate, Litigation, and Transactional Services, complemented by the capabilities of a full-service firm. Greenspoon Marder has upheld a spot on The American Lawyer’s Am Law 200 as one of the top law firms in the U.S. since 2015, and our goal is to provide exceptional client service by developing a thorough understanding of each client’s business needs and objectives in order to provide strategic, cost-effective solutions.

MEDIA CONTACT

Natalie Villanueva, Director of Marketing
954.333.4308 | [email protected]

This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.

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Greenspoon Marder Successfully Represents City of Pembroke Pines

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