Representative Matters
The following are examples of matters that either Mr. Tobin or Mr. Schreiber and their respective legal teams successfully represented property owners during their 35 plus year career.
Florida City Pays Over 50% Above Appraisal
Mr. Schreiber represented the owner of a house taken by Florida City for a transportation project. The city had appraised the dwelling at $150,000 based upon its size and poor condition and refused to offer more than $160,000 during pre-suit negotiations. A long legal...
Creative Settlement Saves Family Business
FDOT attempted to take an iconic diner/restaurant on Biscayne Boulevard in Miami, Florida. The case was filed as a “whole take” as part of the government’s strategy to avoid paying business damages. Mr. Tobin negotiated a settlement whereby FDOT agreed to trade a...
Taking of Shopping Center Parking Lot Impacts Family-Owned Retailer
Mr. Tobin represented a retailer to secure compensation for business damages resulting from the taking of a substantial portion of its front parking lot. The business established that it would suffer additional damage as a result of the anticipated application of the...
Owner Recovers Substantially More Than Recent Purchase Price for Hotel in Disrepair
A city condemned an oceanfront hotel that was recently purchased for renovation. It planned to use the property as part of a private convention center/hotel development, a questionable public purpose. The case settled prior to the hearing on the city’s right to take...
Government’s Attempt to Coerce a Settlement Fails
The condemning authority reduces its offer and appraised value of the property by approximately $1,100,000 because of environmental contamination discovered on the property in an effort to coerce a settlement at its appraisal in the approximate amount of $2,400,000....
Retail Nurseryman’s Parking Impacted by FDOT Taking
Mr. Tobin represented a Cuban immigrant, Jose Exposito, who came to the United States and built a thriving retail and wholesale nursery business, Soroa Orchids. FDOT took property that impacted its critical customer parking immediately adjacent to the front entrance....
Government’s Taking Stopped
Mr. Tobin represented the Schenkman Family in a rare ruling preventing the government from taking the property. The court found that the School Board failed to establish that the property was necessary for a public purpose following a non-jury trial. The property was...
County Sought to Avoid Compensation for Billboard Company Leasehold Interest
Mr. Tobin represented one of the leading national outdoor advertising companies when the County purchased the fee owner’s interest and sought to avoid compensation to the Billboard company. Mr. Tobin tried the case before the judge and secured a critical ruling that...
Jury Makes Owner Whole After FDOT Taking Cuts Through Middle of Retail Showroom
FDOT’s initial offer in the amount of $250,000 was grossly insufficient because the taking devastated the showroom of a national retailer. Mr. Tobin tried the case and the jury awarded $1,100,000 after FDOT refused to pay adequate compensation during extensive...
Taking Impacting Sole Access to Life Saving Medical Device Distribution Facility Restored
Mr. Tobin represented a national medical supply distributor, Liberty Medical (owned by Palm Beach Capital) specializing in the time-sensitive distribution of life-saving devices. The proposed taking impaired the site’s sole access point, potentially devastating the...
Jury Awards Church More Than $1,000,000 Above Appraisal
The Miami-Dade Expressway Authority took a small portion of a church’s parking lot in connection with the construction of a new interchange on Florida’s turnpike. MDX alleged that the lost parking could be regained by restriping with narrower spaces and argued that...
Taking Portion of Vacant Commercial Development Site by Florida County
Mr. Tobin represented investor-developer, Brad Baker, in connection with the taking of a portion of a vacant commercial development site at the intersection of two major thoroughfares. The county agreed to more than double its initial offer at mediation and committed...
Taking Destroys International Aircraft Tire Manufacturing and Distribution Facility
FDOT took a critical portion of an international tire company’s property that included an improved, state-of-the-art aircraft tire manufacturing and distribution facility. The agency initially offered $3,800,000. Mr. Tobin worked closely with the company president to...
Partial Taking for Pond from Experienced Developers’ 70 Acre Turnpike Interchange Land Development
Mr. Tobin represented Paul Freeman and his family of developers (East and West Coast). FDOT sought more property than it needed to locate its new pond on the valuable frontage of this exceptionally well located site. The State initially offered $545,210 and rejected...
Jury Finds for Owner of Food Processing and Distribution Center
Mr. Schreiber represented the owner of a food processing and distribution center in a jury trial against the FDOT. FDOT condemned a portion of land adjacent to the facility’s loading bays that trucks used to access the loading bays. FDOT and its experts alleged the...
Jury Finds for Landowner in Monroe County
The State of Florida took several platted, undeveloped residential lots in Key Largo to prevent development in an area that it deemed environmentally sensitive. Prior to the taking, Monroe County denied building permits under its “rate-of-growth ordinance” and...
Substantial Pre-suit Settlement Resulting from the Taking of a Portion of a Parking Lot of National Paint Retailer in North Florida
Mr. Tobin defended a national paint retailer in connection with the taking of its parking lot. He secured a pre-lawsuit settlement in the amount of over $10,000,000 for the taking of the land and business damages while working closely with the owner (often an...
Brad Baker – Manatee County
Partial taking from commercial development site at the intersection of two important highways. Exceeded client expectations, securing a substantial increase in compensation, together with access, driveway, and other site modifications at the condemner’s sole expense....
Total Taking of Blackstone’s Airport-Oriented Hilton Hotel
Represented an affiliate of The Blackstone Group, LP in defense against the taking of the Fort Lauderdale Airport Hilton for the expansion airport runway. Vigorously fought Broward County with the former National Director of the Federal Aviation Administration (FAA)...