Notable Victories

Smolker Bartlett settles lawsuit for $18.5 million dollars. Representing a major natural gas company against the State of Florida, Smolker Bartlett settled a lawsuit in August 2013 involving breach of contract claims. The result of the settlement allowed the Firm's client to relocate its pipeline facilities to avoid conflicts with a roadway expansion project. Ethan Loeb and Jon Tasso represented the Firm’s client.

Smolker Bartlett obtains federal jury verdict for national substance abuse facility under the Federal Fair Housing Act.  After a week-long trial in January 2013, a federal jury returned a verdict concluding that Hernando County discriminated against handicapped individuals due to their protected status under federal law. The jury concluded that the denial of a special exception permit application was not based on any legitimate and lawful reason and awarded damages to the Firm's client as a result of the County's illegal conduct. Ethan Loeb, David Smolker, and Jon Tasso represented the Firm's client.

Smolker Bartlett obtains favorable ruling on inverse condemnation claim against the Florida Department of Environmental Protection. On October 16, 2013, a state court ruled that the Firm's client owned land that the State took through regulatory actions in violation of the Florida Constitution's Just Compensation clause. The State must now compensate the Firm's client for this unlawful taking without compensation. Ethan Loeb, David Smolker, and Jon Tasso represented the Firm’s client.

Following a jury verdict that the Florida Department of Environmental Protection (FDEP) took property of a Smolker Bartlett client without just compensation, the Circuit Court of the Nineteenth Judicial Circuit entered a judgment against FDEP for over $15 Million. Recently, the Court also awarded the firm’s client a multi-million doller attorney’s fees and costs award. It explained that “[prosecution of this case involved dealing with very novel difficult legal and factual issues,” and that “[w]ithout the level of skill employed by these lawyers, it is very doubtful that the result obtained on behalf of the Plaintiff would have occurred.” order here.

As previously reported, FDEP was required to compensate the Firm's client for the “serious economic harm” that it suffered because of this an taking without compensation. The Court had found an as-applied regulatory taking under Article X, Section 6 of the Florida Constitution. In the case, the Firm’s client invested in oceanfront property in order to construct seventeen townhomes. The client was denied a Coastal Construction Control Line (CCCL) permit when FDEP changed its permitting policies mid-stream. The Court found that FDEP was legally authorized to refuse to issue a CCCL permit and to change its related regulatory policies. However, FDEP’s policy change interfered with the property owner’s “distinct and reasonable expectation in the development, use and sale at a profit” of the property, which “caused [the property owner] to lost its distinct investment-backed expectations” in the property.

Ethan Loeb, David Smolker, and Jon Tasso obtained this favorable ruling for the Firm’s client. The attorneys at Smolker, Bartlett, Schlosser, Loeb & Hinds, P.A. have a long track record in inverse condemnation and property rights practice. Our attorneys also serve a broad range of clients in closely related areas of law, such as eminent domain, public entities, complex commercial litigation, environmental law, land use, and real estate. The Firm’s office is located in Suite 2050, 100 North Tampa Street in downtown Tampa (813-223-3888).