John Wallace

Representative Matters

• Defended coastal Florida city in Citizen Suit filed in Federal Court by environmental interest groups under the Clean Water Act. The suit alleged continuing violations of the Clean Water Act relating to sewage discharges into an aquatic preserve, and requested injunctive relief, an award of fines calculated on a per day basis, and an award of attorney’s fees and costs, which collectively exposed the city to a potential judgment that would have cost in excess of $20,000,000.00. The suit was settled favorably, allowing the city to avoid costly fines and attorney’s fees, and to direct their corrective actions.

• Represented Florida county in action alleging multiple claims stemming from the denial of a PUD rezoning which would have authorized construction of nearly 1000 single family homes, in addition to retail and commercial development. The suit, which included a comprehensive plan consistency challenge, a claim under the Bert. J. Harris, Jr. Private Property Rights Protection Act, and a claim of unconstitutional exactions, requested an award of more than $10 million in damages. The suit was dismissed with prejudice two weeks before trial, with no award against the county and with the plaintiffs agreeing to pay costs incurred by the county in defending the suit.

• Represented the owner of major commercial marina in Palm Beach County, Florida in litigation before the Division of Administrative Hearings when a neighboring, competitor marina challenged the client’s entitlement to an ERP and state land authorization for expansion of the marina. After a three day final hearing, the Administrative Law Judge recommended, and the DEP entered, a Final Order authorizing the client’s marina expansion without modification.

• Represented Florida city in litigation before the Division of Administrative Hearings over the city’s entitlement to a stormwater permit issued by the St. Johns River Water Management District, which authorized construction of a stormwater management system associated with a roadway expansion. After Final Hearing, the petitioners dismissed the challenge, resulting in issuance of the stormwater permit without modification.

• Represented the developer of a $250 million high rise condominium in enforcement proceedings brought in Federal Court by the U.S. Department of Justice, which alleged fill of wetlands without federal authorization, in violation of Section 404 of the Clean Water Act. The suit was ultimately resolved through entry of a Consent Decree, in which the Department of Justice and the United States Army Corps of Engineers agreed to the issuance of an after-the-fact permit for fill of the impacted wetlands.