Lady Macbeth tells her troubled husband, "What is done is
done" and later says to herself "and cannot be
undone." This is the outcome in Hillcrest Property,
LLP v. Pasco County, 754 F. 3d 1279 (11th Cir
2014) and apparently the United States Supreme Court accepted it
when the Court declined to review Hillcrest on
April 21, 2015.
The Case
In 2001, Hillcrest purchased 16.5 acres of property in Pasco
County. Four years later, in 2005, Pasco County adopted The Right
of Way Preservation Ordinance (the "Ordinance").
Generally, the Ordinance requires dedication of right of way shown
on officially adopted maps and tables in order to secure a
development permit. The Ordinance contains provisions permitting
waivers when the required dedication is not roughly proportional or
variances in hardship situations. The burden lies with the
landowner to prove entitlement to relief.
