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County attorney seeks authority to pursue Supreme Court counsel in takings case affecting TDR programs
Summary
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.
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.
The county attorney said staff is prepared to seek counsel and explained timing: the city has a limited window to petition the U.S. Supreme Court, and any certiorari petition would likely require targeted briefing and experienced Supreme Court counsel. He asked commissioners: “Do you want to continue to support Marathon? And 2, my recommendation is I'll be given authorization to go look for Supreme Court counsel.” Commissioners signaled support but asked staff to watch costs and explore cost-sharing with other affected jurisdictions.
Staff said outreach to planning groups, environmental organizations and other jurisdictions has already begun and that, if the Supreme Court takes the case, there will be additional briefing and potential later-phase expenses for trial on damages. The county will return with contract terms and cost estimates for any outside counsel.
