1st District Court of Appeal’s Martin ruling has ‘chilling effect’ on public’s ability to challenge development

The Current adds: “In December, Justices Paul Hawkes and Bradford L. Thomas ruled against 1000 Friends of Florida and the Martin County Conservation Alliance in an appeal of Martin County comprehensive land-use plan changes.

“On Friday, Hawkes and Thomas filed a substitute ruling denying the groups request for a hearing before the full 1st DCA. The two judges said the Florida law that requires those who file frivolous cases pay attorneys fees can be applied even to those who win in a lower court proceeding if their legal position lacked merit.

“The Florida Wildlife Federation, Audubon of Florida and the Florida Chapter of the American Planning Association sought to file briefs in the case but were denied.”

For the entire article: http://www.thefloridacurrent.com/article.cfm?id=25313841

To view the Court’s ruling:  http://static-lobbytools.s3.amazonaws.com/press/20111107_11_4_11_rehearing_denial.pdf

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