Gary maintains a broad environmental and land use law practice with recent emphasis on policy advocacy before the Florida Legislature and Executive Branch agencies; commercial, construction, property rights and land use litigation; and securing land development entitlements for private development interests.

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Experience

  • Represents clients before local government boards on land use permitting/entitlements, including comprehensive plan amendments, rezonings, variances and other related aspects of securing development authorizations.
  • Counsels and advocates on behalf of clients before various Florida executive branch agencies, including primarily the Department of Economic Opportunity, Department of Environmental Protection, Department of Business and Professional Regulation, Department of Transportation, Department of Agriculture and  the Fish and Wildlife Conservation Commission.
  • Advocates before the Florida Legislature for legislative policy development in the areas of land development, property rights, timeshare interests, energy production, and automobile manufacturers. Recent efforts include the overhaul of Florida’s Comprehensive Planning Act, improvements to the Bert J. Harris Private Property Rights Act, and an update of the timeshare statutes.
  • Litigates Bert J. Harris property rights claims against local and state government on behalf of private land owners.
  • Represents clients in federal and state tribunals addressing property contamination issues relating to the migration of contaminants as well as the associated issues of securing compliance with federal, state and local regulatory programs.
  • Advises numerous commercial construction firms on regulatory compliance and litigation of construction and commercial disputes.
  • Litigates silviculture and aquaculture cases for agricultural interests.
  • Counsels clients on siting cellular communication towers including appearing before and litigating against local governments in securing approvals of such facilities.

Representative Published Decisions

  • TowerCom V, LLC v. City of College Park, Ga. 2013 WL 4714203 (N.D. Ga. Aug. 21, 2013)
  • St. Johns River Water Management Dist. v. Koontz,  77 So.3d 1220, 2011 WL 5218306, 36 Fla. L. Weekly S623, Fla., November 3, 2011 (NO. SC09-713)
  • Bay County v. Harrison, 13 So.3d 115, 2009 WL 1492652, 34 Fla. L. Weekly D1099, Fla.App. 1 Dist., May 29, 2009 (NO. 1D08-1203)
  • Royal World Metropolitan, Inc. v. City of Miami Beach, 863 So.2d 320, 2003 WL 21658283, 28 Fla. L. Weekly D1620, Fla.App. 3 Dist., July 16, 2003 (NO. 3D02-3161)
  • McGill v. Florida Fish and Wildlife Conservation Com’n, 842 So.2d 190, 2003 WL 2004467, Fla. App. 5 Dist., March 18, 2003 (NO. 5D02-1440, 5D02-1424)
  • Florida Fish & Wildlife Conservation Com’n v. McGill, 823 So.2d 236, 2002 WL 1790896, 27 Fla. L. Weekly D1800, Fla. App. 1 Dist., August 6, 2002 (NO. 1D02-1589)
  • Kirk v. U.S. Sugar Corp., 726 So.2d 822, 1999 WL 44336, 24 Fla. Law Weekly D342, Fla. App. 4 Dist., February 3, 1999
  • Patricia D. Curry, Alexandria Larson, Sharon Waite, and Patrick Wilson, v. Palm Beach County, Florida and Department of Community Affairs and Coconut Northlake, LLC, Northlake Group, LLC, and RIC, 2009 WL 3412909, (Fla. Div. Admin. Hrgs.), October 21, 2009
  • Florida Chamber of Commerce, Inc.; Florida Land Council, Inc.; and Florida Farm Bureau Federation v. Department of Community Affairs, 2009 WL 2959772, (Fla. Div. Admin. Hrgs.), September 14, 2009

Publications & Presentations

  • Standing to Appeal an Administrative Order: Cautions from Martin County Conservation Alliance v. Martin County, The Florida Bar Journal, Vol. LXXXVIII, No. 3 (March, 2014) (Co-Author).
  • Florida Case Law Update, Florida Environmental and Land Use Section Reporter (2005-present).
  • Environmental and Land Use Law Webcast Series, Annual Legislative Wrap Up  (2009-present).
  • Frequent Lecturer on Growth Management topics at Florida Chamber Short Course.
  • ABCs of Local Land Use and Zoning Decisions, The Florida Bar Journal, Vol. LXXXIV, No. 1 (January, 2010) (co-author).
  • Conquering the Maze of Certiorari Review of Local Government Quasi-Judicial Land Use Decisions, The Florida Bar Journal,  Vol. LXXVIII, No. 9 , (October, 2004) (co-author).
  • Statutory Strict Liability for Environmental Contamination: A Private Cause of Action to Remedy Pollution or Mere Legislative Jargon?  The Florida Bar Journal, Vol. LXXII, No. 1 (January, 1998).

Awards & Recognition

  • Listed in Best Lawyers in America, for Litigation-Land Use & Zoning Law and Environmental Law, 2010-2017 Editions.
  • Listed in Best Lawyers 2012 “Lawyer of the Year” in Tallahassee for Litigation-Land Use & Zoning.
  • Listed in the annual publication of The Florida Super Lawyers, 2007, 2012-2016.
  • Listed in Chambers USA, 2009-2016 Editions.
  • Listed in 2009-2010, 2014-2016 Editions of Florida Trend Magazine’s “Legal Elite”.
  • Achieved Martindale-Hubbell’s highest rating for legal ability and ethical standards.

Gary's Practice Areas