The original ruling was handed down in 1999 by a circuit court judge and upheld by the Fourth District Court of Appeal three months ago. Developer Thomas Thomson is appealing the case to the Florida Supreme Court, but there is no guarantee that the court will accept the case.
So last week, Thomson requested that the Fourth District Court of Appeal ask the Supreme Court to consider the case as one of "great public importance."
At the time of the ruling, an activist group called 1000 Friends of Florida hailed the court decision as "a landmark ruling in support of growth management that has statewide ramifications."
In their petition last week, Pinecrest attorneys argued the case will have ramifications statewide because the developer built the apartments only after the Martin County Commission approved the site plans.
But the three-judge appeals panel refused to ask the Supreme Court to consider the case as one of great public importance because Pinecrest attorneys failed to file their request within a 15-day deadline of the Sept. 26 ruling.
The justices acknowledged they had the power to ask the Supreme Court to review the case despite the missed filing deadline, but refused to do so because the attorneys' reasons were not good enough.
Want to continue reading?
Become a Free ALM Digital Reader.
Once you are an ALM Digital Member, you’ll receive:
- Breaking commercial real estate news and analysis, on-site and via our newsletters and custom alerts
- Educational webcasts, white papers, and ebooks from industry thought leaders
- Critical coverage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
Already have an account? Sign In Now
*May exclude premium content© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
