Elaine Johnson Ja​mes, P.A.

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      REPRESENTATIVE EXPERIENCE

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  • Represented a charter school developer, challenging the validity of a municipal ordinance that conflicted with the City’s comprehensive land plan and the City’s denial of the       developer’s application for a public school site in 2015-16.


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  • Defended a national transportation company in eminent domain condemnation proceedings in 2014, recovering for the company more than twice the amount of compensation the government initially offered.


  • In 2014, obtained the first order from a Florida court, recognizing a non-biological parent’s relationship to a child born during a same sex  marriage, so that a married lesbian woman did not have to adopt her own child.


  • Led a team of attorneys that drafted a motion for rehearing and clarification of the Florida Supreme Court’s decision in 2007 to overturn fifty years of legal precedent in public finance law and invalidated the tax increment financing that community redevelopment  agencies  statewide  use to revitalize  blighted areas. Even though  the firm was retained  a mere four days before they were due, the motion and brief were so persuasive that the Court withdrew  its original  opinion  and issued a revised opinion, more favorable to the clients, before the opposing party filed an answer brief. Argued the case before the Court, which withdrew then reversed its original opinion. Strand v. Escambia County, 992 So. 2d 150 (Fla. 2008).


  • In actions brought by purchasers, alleging statutory violations in an effort to rescind their contracts to buy real property in Florida, won scores of summary judgments  and motions to dismiss. In 2009, won the appeal in the Eleventh Circuit of an adverse summary  judgment,  as  well  as  the  appeal  in  a  Florida state  appellate  court  of  a  trial  court  victory. Trotta  v. Lighthouse Point Land Co., 319 F. App’x 803 (11th Cir. 2009); Aikin v. WCI Communities, Inc., 26 So. 3d 691 (Fla. 2d DCA), cert. denied (Fla. 2010).


  • Concerned that an appellate opinion was wrongly decided and would adversely affect the developer clients’ interests, sought leave  for  the client  to appear  as  a friend  of the  court  and file  a motion  for  rehearing.  Both  motions  were  granted. On rehearing, the court reversed its opinion, even though the appellant had not participated  in the post-appellate proceedings. Home Devco/Tivoli Isles LLC v. Silver, 26 So. 3d 718 (Fla. 4th DCA 2010).


  • Represented  a regional  governmental  entity  in an action to validate  the  issuance  of 1.8  billion  dollars  in bonds  for the restoration of the Everglades.​ In actions for breach of contract and fraud, won a $3 million dollar summary judgment on a counterclaim  for an insurance company and obtained dismissal of the multimillion dollar claims against it.


  • Represented the local school board in the trial and appellate court in an eminent domain matter, which involved  the acquisition of 72 parcels of property for the construction of an        elementary school.


  •  Prevailed in the administrative appeal of a challenge to the client’s application for an allocation of highly competitive federal subsidies; client was awarded more than $13 million in tax credits for the construction of affordable housing in a blighted neighborhood.


  • ​In an action for breach of contract, obtained summary judgment for client, thereby shielding the company from a $20 million liability.


  • In an action for breach of contract, convinced the jury to enter a defense verdict, saving the corporate client millions of dollars in U.S. Court of Claims U.S. District Court, Middle District of Florida U.S. District Court, Southern District of Florida U.S. Bankruptcy Court, Middle District of Florida U.S. Bankruptcy Court, Southern District of Florida

          compensatory and statutory damages.


  • In an employment  discrimination  case  brought  in federal court  against the commissioners  of a public  housing authority, obtained an involuntary dismissal of the complaint​ against the commissioners prior to trial.​

       

       Awards and Community Involvement are listed on page 2; please access the information on the home page under Experience Page 2....



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© 2017 | Elaine Johnson James, P.A.

Address                    

P.O. Box 31512, Palm Beach Gardens, FL 33420