Web-based Idea-Sourcing and Crowdfunding
By: Melissa Hege In an ever-evolving world of web-based technology, planners have even more tools to engage communities and to learn what communities are already talking about and trying to change. Idea exchanges on virtual bulletin boards provide a platform for individuals to post their project ideas and concerns and to provide comments on current planning. While some of these websites are city and project specific, others can be modified to add new cities and can serve as a resource for your next project. Change by Us NYC http://nyc.changeby.us
Allows anyone to post an idea or project for a specific neighborhood in New York City. Projects are grouped according to neighborhood and matched up with local resources and a team to actually implement the concept. Anyone can join a project or start a new project and there is a set panel of decision makers who monitor and assist with project implementation.
Lucky Ant www.luckyant.com
Created with the premise that small businesses are the foundation for strong neighborhoods. Every week the site features a new, carefully vetted Mom and Pop retailer, with a funding goal which averages $10,000. This hyper local crowd funding platform, as described by its creators, gives the business 7 days to reach its goal. In exchange participants get perks from the business they invest in which, in turn, helps build new patrons for the business. Lucky Ant is currently in New York City only, but it’s planning educated creators, hope to expand to other neighborhoods.
Neighborland https://neighborland.com
Provides a discussion board for ideas and concerns which are specific to a city or neighborhood. Members indicate which ideas they want most and would like to support, and, eventually, will help implement. There are currently thirty-four different cities and seventy-nine neighborhoods supported by this website with opportunities to add your city or neighborhood.
Neighor.ly http://neighborho.ly/
A crowdfunding platform for civic improvements like bike sharing, parks, free wi-fi, historic preservation, and a bike program to make it easier for women to make the decision to bike. Different from other crowdfunding sites, Neighbor.ly accepts projects from local governmental and civic-natured entities only.
Melissa Hege is a Senior Planner with Zyscovich Architects, Inc. and owner of Melissa Hege City Planning LLC. She can be reached at mhege@zyscovich.com
LAND USE & PLANNING: Law Case Update
by: David Theriaque, Esq.
Turkali v. City of Safety Harbor, 93 So. 3d 493 (Fla. 2d DCA 2012). The City of Safety Harbor adopted amendments to its Community Development Plan which “eliminated significant valuable uses available to the property owner.” After completing the pre-suit requirements for a Bert Harris Act claim, the property owner filed a Bert Harris Act lawsuit. The trial court dismissed the lawsuit, concluding that the property owner’s appraisal, which is a pre-suit requirement, failed to comply with the Act’s requirements for such an appraisal. The Second District Court of Appeal affirmed the dismissal of the lawsuit. This case provides an excellent example of the necessity of complying fully with all pre-suit requirements for a Bert Harris Act claim and demonstrates the importance of the pre-suit appraisal that the property owner must submit with his or her pre-suit notice of claim. Town of Longboat Key v. Islandside Property Owners Coalition, LLC, 95 So. 3d 1037 (Fla. 2d DCA 2012). The Town of Longboat Key (“Town”) approved a $400 million redevelopment plan for the Longboat Key Club (“Club”). Opponents of the Town’s approval sought “first-tier” certiorari review. The circuit court granted the opponents’ petition for writ of certiorari and quashed the Town’s approval. The Town and the Club sought “second-tier” certiorari review before the Second District Court of Appeal, contending that the circuit court improperly reweighed the evidence before the Town Commission and improperly failed to defer to the Town’s interpretation of the Town’s Zoning Code. The Second District affirmed the trial court’s decision. This case is worth reading because the Second District set forth an excellent analysis of why it rejected both arguments raised by the Town and the Club, including the proper use of a dictionary to determine the plain and ordinary meaning of undefined terms in a local government’s land use regulations.. St. Johns River Water Management District v. Koontz, 77 So. 3d 1220 (Fla. 2011), cert. granted, 2012 WL 1966013 (U.S. Oct. 5, 2012) – UPDATE. The United States Supreme Court has accepted jurisdiction to review the Florida Supreme Court’s decision regarding Koontz’s temporary takings claim. The Florida Supreme Court reversed a lower court’s temporary takings determination, concluding that the United States Supreme Court’s decisions regarding “exactions” are applicable “only where the condition/exaction sought by the government involves a dedication of or over the owner’s interest in real property in exchange for permit approval; and only when the regulatory agency actually issues the permit sought. . . .” In this case, the St. Johns River Water Management District (“SJRWMD”) denied a permit to dredge wetlands because Koontz refused to agree to certain exactions requested by the SJRWMD as permit conditions. Martin County Conservation Alliance v. Martin County, 73 So. 3d 856 (Fla. 1st DCA 2011) -- UPDATE. This case involves the imposition of sanctions against Martin County Conservation Alliance (“MCCA”) and 1000 Friends of Florida (“1000 Friends”) by the First District Court of Appeal. The First District concluded that, while MCCA and 1000 Friends had a legal right to challenge certain amendments to Martin County’s comprehensive plan in an administrative hearing, they did not have the legal standing to appeal the Final Order approving such amendments. Thus, the First District determined that MCCA and 1000 Friends had filed a meritless appeal and ordered MCCA and 1000 Friends to pay the attorneys’ fees incurred by the other parties. On May 11, 2012, the Florida Supreme Court granted the request by MCCA and 1000 Friends to hear this case. The parties have filed all of their appellate briefs. Additionally, FAPA has filed an Amicus Curiae (“friend of the court”) Brief in support of the efforts of MCCA and 1000 Friends to overturn the First District’s imposition of sanctions against MCCA and 1000 Friends. The Court has determined that it will not need Oral Argument to decide this case. Thus, we are awaiting the Court’s decision. David Theriaque is with the firm of Theriaque & Spain in Tallahassee. He can be contacted at dat@theriaquelaw.com.
Fall 2012 / Florida Planning 17