Neighborhood Protection:


Lobeck & Hanson frequently assists our clients in affecting proposed land uses in their neighborhoods, by involvement in re-zoning's, special exceptions, site and development plans and proposed Comprehensive Plan Amendments. Dan Lobeck is the principal author of the neighborhood compatibility policy of the Sarasota County Comprehensive Plan and has been active in assisting clients to use that policy to help them protect their interests from incompatible nearby development. The firm has also been very active in Manatee County, representing various neighborhood groups and an environmental organization in land use challenges (including the Perico Island controversy), as well as seeking to protect property owners on the barrier islands. We also represented a good developer in successfully obtaining a rezoning and special exceptions for a hotel redevelopment in the City of Sarasota.

Under recent court decisions, rezoning's and special exceptions are subject to what is called a "quasijudicial" standard, requiring those seeking to influence a land use decision to approach the public hearings in a similar manner to a trial in court. We work with our clients in succeeding with such an approach, by presenting fact-based testimony and evidence as well as citations to applicable law and other techniques to obtain a sustainable favorable result to protect the valid interests of the existing residents. We are also experienced in assisting our clients, where needed, in judicial appeals of land use decisions and have established important appellate case law in this area.