County attorney seeks authority to pursue Supreme Court counsel in takings case affecting TDR programs

Dec 10, 2025

Monroe County attorney briefed the board on Shands v. Marathon, a takings decision that may reach the U.S. Supreme Court and could affect local transfer-of-development-rights programs; commissioners authorized staff to seek specialized Supreme Court counsel and support Marathon’s petitioning effort.

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County Attorney briefed the commission about the Shands v. Marathon decision in the 3rd District Court of Appeal and the potential statewide implications for transfer-of-development-rights (TDR) programs and takings law. He sought and received direction to begin seeking specialized Supreme Court counsel to support Marathon and to coordinate amicus and coalition strategies.

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