The Real Deal Miami

Crocker Partners may sue Boca Raton for $137M in damages over zoning issue

The firm notified Boca Raton that it plans to file suit because of the city's refusal to rezone a 300-acre area next to the Town Center mall
April 14, 2018 10:35AM

Conceptual rendering of Midtown Boca development

Crocker Partners may sue the city government of Boca Raton for $137 million in damages because the city has refused to rezone an area where Crocker has acquired property.

Boca Raton-based Crocker Partners and other owners of land in the 300-acre area have proposed rezoning the area to permit a mixed-use development there with as many as 2,500 residential units.

The area, located just east of the Town Center shopping mall in Boca Raton, would become a rezoned district known as Midtown Boca.

In 2010, the city council amended Boca Raton’s comprehensive land-use plan for the 300-acre area and directed city staff to write new zoning rules for development there.

But zoning for the area remains unchanged. The city council refused Jan. 23 to rezone the proposed Midtown Boca district.

In a letter dated April 10, Crocker Partners notified the city government that the firm intends to file a lawsuit against the city claiming $137 million in damages.

Crocker Partners would sue for damages under the Bert J. Harris, Jr. Private Property Rights Protection Act, which provides relief to property owners  “inordinately” burdened by government regulation.

A property owner is required to notify a local government 120 days before suing over an alleged violation of the Bert J. Harris, Jr. Private Property Rights Protection Act. [South Florida Business Journal] Mike Seemuth