Legal Updates

CITY FORECLOSURE COSTS The U.S. Supreme Court has ruled that cities have the right to sue banks over lost revenue from foreclosed homes that were the result of alleged discriminatory lending practices.  While this is considered a victory for cities, the Court also ordered lower courts to determine what types of damages cities may seek to recover.

ALL ABOARD FLORIDA A U.S. District Court judge threw out the lawsuit against All Aboard Florida by Martin and Indian River counties.  The counties alleged that a portion of the financing the railroad received via bonds was unlawful.  The judge dismissed the suit out as a result of All Aboard changing their financing model, eliminating the bonding.

GAMING AMENDMENT The Florida Supreme Court has approved the language of a potential proposed constitutional amendment.  The amendment would remove the authority of the Legislature over gaming expansion and place it in the hands of voters.  The group must now gather the required signatures before it can be placed on the ballot.

WORKERS’ COMPENSATION RATE INCREASE Florida’s 1st District Court of Appeal overruled a Leon County trial judge regarding the 14.5 percent increase in workers’ compensation insurance rates.  The county court judge ruled that the Office of Insurance Regulation and the rating agency violated Florida’s open government laws.  The appeal court rejected that argument and ordered the increase to stand.

AIRBNB A circuit court judge in Miami has provided a partial victory to Airbnb and the county’s three thousand Miamians who rent their homes through the company.  The judge issued a temporary stay against the City’s resolution wherein they interpreted existing city regulations to effectively ban vacation rentals in residential zones.

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