Landmark Land-use Ruling Has Statewide Impacts
Appellate court ruling that Villas at Pinecrest Lakes must be demolished due to inconsistency with Martin County's Comprehensive Plan is a landmark decision that will have an impact on growth management decisions and developers statewide.
On Wednesday, September 26, the 4th District Court of Appeals affirmed a 1999 order of Circuit Judge Larry Schack that the 136-unit Pinecrest Villas project -- where people are already living -- violated Martin County's comprehensive plan, and upheld Judge Schack's authority to order the five eight-unit apartment buildings to be demolished, even though the developer claimed it would lose $3.3 million. Ernest Cox, attorney for the developer, called the ruling "unprecedented" and said Pinecrest will appeal. Richard Grosso, attorney for a nearby homeowner in the case, said, "this is a vindication for everybody who believes that the law means something. This means you can fight city hall and that [comprehensive plans] should be respected and enforced."
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