Get off my lawn....

By John R. Byrne

If you live in the Village of Pinecrest--or any other municipality in Miami-Dade--you may want to read Judge Altman's recent order in Megladon, Inc. v. Village of Pinecrest and Miami-Dade County. Looks like Pinecrest was strong-arming new owners into effectively gifting the Village (or "dedicating," to use Pinecrest's term) 7 1/2 feet of their property. The leverage used was Pinecrest conditioning the approval of a certificate of occupancy on the "dedication." Instead of giving in, Megladon challenged the condition as violating the Florida Constitution's Takings Clause. Pinecrest threw out a host of defenses, the main one being that it had not taken anything yet because Megladon never gave in. Judge Altman rejected the argument, noting that the "whole point of the unconstitutional-conditions doctrine" was to prevent the government from "pressuring" a person into giving up a constitutional right. Worth a read, particularly if you want to keep your local friendly municipality off your lawn!

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