Florida Attorneys - Seeing Things DifferentlySeeing things Differently

Tara W. Duhy
Executive Shareholder

Areas of Practice

  • Maintains a state-wide land use, natural resource and water law practice, counseling clients through all aspects of development and advising clients through every stage of permitting and government coordination and enforcement related to:
    • Comprehensive land use planning;
    • Zoning, site planning and other local development orders;
    • Transportation planning and concurrency, including coordination with the Florida Department of Transportation and regional metropolitan planning organizations;
    • Development of regional impact (“DRI”) review, including coordination with the Florida Department of Economic Opportunity and regional planning councils;
    • Environmental resource permitting (“ERP”) and water use permitting through the various Florida water management districts;
    • Coastal construction and environmental wetland permitting through the Florida Department of Environmental Protection and Florida Fish and Wildlife Conservation Commission;
    • Federal wetland and coastal construction permitting through the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers;
    • Endangered Species Act coordination with the U.S. Fish and Wildlife Service; and
    • Federal NEPA compliance.
  • Represents public and private clients in administrative and civil litigation, including appeals, related to land use, government, natural resources and water law.
  • Represents local governments, community redevelopment agencies and special districts as general counsel and as special counsel related to environmental and land use issues, public/private partnerships, public records and the Government in the Sunshine Law.

 

Representative Court Decisions

  • Seminole Tribe of Florida v. Hendry County, Florida Power & Light Co. and McDaniel Reserve Realty Holdings, LLC, Case No. 2011-CA-540 (Fla. 20th Cir. Ct. 2014); affirmed, Hendry County et al., v. Seminole Tribe, Case No. 2D-14-4965 (2d DCA 2015) – The Circuit Court ruled that the County’s rezoning of agricultural land to permit the construction of a regional natural gas power plant next to the Big Cypress Seminole Indian Reservation was inconsistent with the Hendry County Comprehensive Plan, and therefore void and unenforceable.
  • Alerts of PBC, Inc., et. al v. Palm Beach County and Minto PBLH, LLC, DOAH Case No. 14-5657GM (Fla.Div.Admin.Hrgs. 2015) – The Administrative Law Judge and Department of Economic Opportunity found that comprehensive plan amendments for a 4,000 acre agricultural site adopted by Palm Beach County were in compliance with Florida’s growth management laws.
  • Seminole Tribe of Florida v. Hendry County, Case No. 14-1441GM (Fla.Div.Admin.Hrgs. 2015) - The Administrative Law Judge held that Hendry County’s amendments to its Comprehensive Plan allowing large scale industrial and commercial uses in rural agricultural areas were not supported by adequate data and analysis and violated Florida’s Community Planning Act by creating urban sprawl and failing to contain adequate criteria to guide future development.
  • Marc Ripps v. City of Coconut Creek and the Seminole Tribe of Florida, Case No. 11-004782(19) (Fla. 17th Cir. Ct. 2012) – The Circuit Court held that a rezoning allowing a hotel/entertainment complex was consistent with the City’s rezoning criteria and complied with state law regarding DRIs.
  • Gary Pirtle v. Roy D. Voss and Department of Environmental Protection, DOAH Case No. 13-0515 (Fla.Div.Admin.Hrgs. 2013)
  • Miami-Dade County v. Dopplemayr Cable Car, GMBH and Co KG, and Mitsubishi Heavy Industries of AmericaFla. 11th Cir. Ct. 2013)  - th Circuit Court of Appeals held that confidential documents submitted by a bidder for a county contract contained trade secrets that are exempt from disclosure under Florida's Public Records Act.

Publications and Presentations

Professional, Civic and Community Involvement

  • The Florida Bar, Member, 2004
    • Environmental and Land Use Law Section, Executive Council, 2009-2013
  • The American Bar Association, Member
    • Section on Energy and Environmental Resources
    • Section on Real Property, Trust and Estate Law
  • The Palm Beach County Bar Association, Member
    • Environmental and Land Use Law Committee, Co-Chair, 2011-2015
  • Florida Association of Community Developers, Member
  • North Palm Beach County Chamber of Commerce
  • PGA Corridor Association, Member
  • Leadership Palm Beach County, Class of 2011
  • Easter Seals of Florida, Board of Directors, 2012-2014
  • Healthy Mothers Healthy Babies Coalition of Palm Beach County, Inc.
    • Board of Directors, 2015 to present
    • Co-Chair of Moments Luncheon and Silent Auction, 2014 to present

Awards and Honors

  • Super Lawyers Rising Star, 2009-2010 and 2013-2015.
  • Listed as a “Rising Star” in the Daily Business Review’s “40 under 40” Issue, September 2013.
  • Recipient, the Judy Florence Memorial Outstanding Service Award, presented by the Executive Council of the Environmental and Land Use Law Section of the Florida Bar, 2007-2008.