Rogers Towers Secures Full Legal Victory for the Hall Family in Land Use Zoning Dispute and Recovers Attorneys’ Fees

When the Hall family, longtime owners of a 13.92-acre parcel in Green Cove Springs, sought to rezone their property from industrial to a Planned Unit Development (PUD) allowing multifamily residential use, they received strong support from the City and unanimous approval after three rounds of public hearings. Neither the family nor the City anticipated the lengthy legal battle that would follow.

An adjacent property owner, who leased its property for use as a private airstrip, as well as the tenant, who operated the airstrip, sought to invalidate the rezoning. The plaintiffs alleged conflicts with Florida’s airport zoning statute (Chapter 333, Florida Statutes) and with the City’s Comprehensive Plan.

Rogers Towers stepped in to represent the Halls in this high-stakes zoning and land use case, working with the City of Green Cove Springs to defend the rezoning. The case spanned nearly two and a half years, moving from trial through appeal, and ultimately concluded with a full legal victory and recovery of attorneys’ fees for the Halls.

Phase One: Trial Court Victory

At trial, the dispute centered on whether the rezoning approval conflicted with Florida’s Chapter 333 airport zoning laws or the City’s Comprehensive Plan. The plaintiffs argued that the Hall Property’s proximity to the private airstrip was not compatible with the airstrip’s operations.  The Halls maintained that the airport zoning law was inapplicable to the private airstrip and that their property was a sufficient distance from the airstrip to satisfy all safety and noise concerns.

After hearing the evidence at trial, the court entered final judgment in favor of the Halls and the City, upholding the rezoning and rejecting the plaintiffs’ claims. The court also:

  • Denied the plaintiff’s motion for rehearing, reaffirming the rezoning approval.
  • Denied the plaintiff’s request for a stay of Rogers Towers’ and the City’s motions to recover attorneys’ fees pending appeal.

Phase Two: Appellate Defense and Attorneys’ Fees Award

The adjacent property owner appealed to Florida’s Fifth District Court of Appeal, where Rogers Towers once again defended the rezoning. Cristine Russell, Board-Certified Appellate Specialist, argued the appeal after working closely with trial attorneys Fred Franklin (litigation) and T.R. Hainline (land use).

The Fifth District Court of Appeal affirmed the trial court’s ruling in January 2025, bringing the litigation to a close. Importantly, Rogers Towers secured an award of attorneys’ fees covering both trial and appellate phases.

Outcome

  • Rezoning Upheld: The PUD rezoning, allowing a new multifamily residential community on the Hall Property, was preserved.
  • Legal Challenge Defeated: All claims under Chapter 333 and the Comprehensive Plan were rejected at both trial and appellate levels.
  • Attorneys’ Fees Recovered: Rogers Towers obtained recovery of legal fees for its clients at both stages of litigation.
  • Appellate Win Secured: The Fifth District Court of Appeal affirmed the judgment following oral argument.

Case Significance

This case underscores Rogers Towers’ ability to protect property owners’ development rights against aggressive land use challenges. By narrowing a complex set of legal claims to the key issues, the Rogers Towers team was able to secure decisive wins at every stage.

The result was not only a victory for the Hall family, but also for the City of Green Cove Springs, which supported the rezoning as consistent with its Comprehensive Plan and vital to local growth.

As Russell noted, the case was particularly meaningful because it involved helping a family preserve the value of long-held property while ensuring they were made whole financially:

“It was very gratifying to not only prevail in the case but also to recover our clients’ attorneys’ fees. This family had owned the property for years, and working with them—and with the City—was a truly rewarding experience.” — Cristine Russell, Appellate Partner