Wednesday, December 23, 2009

Did President Nixon's Use Of Helipad Convert Use Of Helipad Into Legal Use Of Land?

In United Real Estate Ventures, Inc. v. Village of Key Biscayne, Florida (3D09-1191), the Third District held the code compliance board and the circuit court did not violate the defendant's due process rights and the court affirmed the decision below.  At issue, whether that fact that President Nixon used a helipad in a certain area allowed a private citizen to use the area for a helipad after the federal government sold the property.  The court stated:
The federal use of the helipad by President Nixon’s administration was immune from enforcement by reason of the supremacy clause of the United States Constitution and was not conformed into a legal non-conforming use for private individuals when the federal government ceased to use the helipad and conveyed the property to a private third party. See Alaska R.R. Corp. v. Native Village of Eklutna, 43 P. 3d 588 (Alaska 2002); Nolan Bros. v. City of Royal Oak, 557 N.W. 2d 925 (Mich. Ct. App. 1996).


Post a Comment