Weiss Serota Helfman Cole & Bierman Succesfully Represent City of Homestead
June 5, 2015
Laura Wendell and Peter Waldman successfully represented the City of Homestead in the lawsuit styled Homestead Land Group, LLC v. City of Homestead and First Baptist Church of Perrine, Inc. The Third District Court of Appeal affirmed the trial court’s stipulated final judgment allowing the City of Homestead to acquire property by eminent domain for an agreed-upon sum. After the City’s “quick-take” of the property, but before the stipulated final judgment was entered, a purchaser acquired the remaining property. The purchaser objected to the stipulated judgment and claimed a right to contest the agreed-upon valuation on the grounds of a reverter interest in the property which, the purchaser claimed, had ripened into full ownership. The Third District held that the purchaser had no right to participate in the valuation. The relevant date for determining compensable interests in eminent domain is the date of the taking and the purchaser stood in the shoes of the owner of a potential reversionary interest that, at the time of the taking, had not matured.