Bio: David Theriaque earned his law degree with high honors from Florida State University College of Law. Mr. Theriaque also holds a Master’s degree in Urban and Regional Planning from Florida State University. He practices primarily in land use planning law, growth management law, and local government law. Mr. Theriaque has represented public and private entities in comprehensive plan proceedings, land use regulation, and planning law, and has been involved in state and federal litigation and administrative hearings concerning environmental and land use issues. He has also served as special counsel for numerous local governments throughout Florida on a wide variety of growth management and land use issues. Mr. Theriaque is rated as an AV Preeminent attorney, which is the highest rating assigned by Martindale-Hubbell for legal ability and ethical standards, and has been recognized in the 2010 through 2013 editions of Florida Super Lawyers as among the top attorneys in Florida in the area of land use and zoning law.
Education: 1989: J.D., Florida State University, with High Honors - Florida State Law Review, Associate Editor - Order of the Coif - Environmental Law Achievement Award 1989: M.S.P. (Master of Science in Planning), Florida State University - Edward E. McClure Award for Academic Achievement - Joint Law & Planning Thesis: "Federal Reserved Water Rights of the Seminole Tribe of Florida: Just What Can the State Regulate?" 1985: B.S., Westfield State College, Massachusetts, Major: Biology, cum laude
Key Publications: Co-Authored with V. Gail Easley, FAICP, "The Board of Adjustment," American Planning Association 2005; Co-Authored with V. Gail Easley, FAICP, "Nonconformities" in Zoning Practice, American Planning Association, Issue No. 11, November 2009; "Case Law Update," Quarterly Column, Florida Planning, Florida Chapter of the American Planning Association (2011-present)
Other Publications: Co-Authored with S. Brent Spain, "Is Cross-Examination by Affected Parties a Due Process Requirement in Quasi-Judicial Hearings?," CLE International's 15th Annual Land Use Law Conference: Growth Management in Transition, August 2012; Co-Authored with S. Brent Spain and Allara Mills Gutcher, AICP, "Bert Harris Act Update" in Florida Planning, Florida Chapter of American Planning Association, Winter 2011 Issue; Co-Authored with S. Brent Spain, "Development Exactions," Florida Municipal Attorney's Association Annual Conference, July 2005; Co-authored with S. Brent Spain, "What's the Point of Omnipoint? An Analysis of Miami-Dade County v. Omnipoint Holdings, Inc.," Florida Municipal Attorney's Association Annual Conference, July 2004
Past Assignments: "What's New in the Law: Legal Hot Topics and Recent Cases," Florida Chapter of the American Planning Association's Annual Conference, September 2012; "Quasi-Judicial Hearings - Lessons from the Trenches," CLE International's 15th Annual Land Use Law Conference: Growth Management in Transition, August 2012; "When Does a Development Exaction Become a Taking?," Florida Municipal Attorneys Association's 31st Annual Conference, July 2012; "Legal Issues for Planning Commissioners," American Planning Association's National Annual Conference, Los Angeles, California, April 2012; "Let It Be: Non-Conformities and Sustainability," Rocky Mountain Land Use Institute's 21st Annual Conference, Denver, Colorado, March 2012; "Planning in the Courts," Florida Chapter of the American Planning Association's 10th Annual Public Policy Workshop, February 2012; "Quasi-Judicial Hearings," Emerald Coast Section of the Florida Chapter of the American Planning Association, November 2011; "A New Era for Land Use Management in Florida: So What Happens Next?," Florida State University College of Law's Fall 2011 Environmental Law Forum, November 2011; "2011 Legislative & Case Law Update," Urban Land Institute-North Florida & Emerald Coast APA, May 2011; "Case Law Update," Florida Chapter of the American Planning Association's 9th Annual Public Policy Workshop, February 2011; "Growth Management Legislative Update," Leesburg Area Chamber of Commerce, February 2011; "Planning and Land Use Law Update," Emerald Coast Section of the Florida Chapter of the American Planning Association, September 2010; "Planners as Expert Witnesses," Florida Chapter of the American Planning Association's Annual Conference, September 2010; "Takings Law Update," Florida Municipal Attorney's Association Annual Conference, July 2010; "Planners as Expert Witnesses," Florida Planning & Zoning Association's Annual Conference, June 2010; "Variances, Special Uses, & Board of Adjustment Operations," American Planning Association's National Annual Conference, New Orleans, Louisiana, April 2010; "Dealing with Nonconformities in a Down Economy," American Planning Association's National Annual Conference, New Orleans, Louisiana, April 2010; Moderator, "Climate Change at the Local Level," Florida Chapter of the American Planning Association's 8th Annual Public Policy Workshop, February 2010; "Takings & Eminent Domain Update," Florida Municipal Attorney's Association Annual Conference, July 2009; "Variances, Special Uses, & Board of Adjustment Operations," American Planning Association's National Annual Conference, Minneapolis, Minnesota, April 2009; "Expert Witness Testimony in Quasi-Judicial Hearings," Emerald Coast Section of the Florida Chapter of the American Planning Association, March 2009; "Informed Land Use Decisions: A Guide to Gathering Facts & Evidence," American Planning Association - Lincoln Institute of Land Policy, February 2009; "Local Government Quasi-Judicial Hearings from Public and Private Perspectives," Land Use Law Superconference, CLE International, September 2008; "Avoiding the Legal Pitfalls," Florida Chapter of the American Planning Association's Annual Conference, September 2008; "Florida's Growth Management Act - Has It Made a Difference?," Florida Planning & Zoning Association's Annual Conference, June 2008; "Local Government Quasi-Judicial Hearings from Public and Private Perspectives," Land Use Law, CLE International, May 2008; "Variances, Special Uses, and the Board of Adjustment," American Planning Association's National Annual Conference, Las Vegas, Nevada, April 2008; "The Planner as Expert: How Far From Out of Town Do You Need to Be?," Florida Planning & Zoning Association's Annual Conference, June 2007; "Variances, Special Uses, and the Board of Adjustment," American Planning Association's National Annual Conference, Philadelphia, Pennsylvania, April 2007; "Procedural and Legal Issues," Pinellas Planning Council EAR-Based Amendment Forum, September 2006; "Variances, Special Uses, and Board of Adjustment Operations," American Planning Association's National Annual Conference, San Antonio, Texas, May 2006; "Testifying as an Expert Witness - Tips & Tools," Florida Chapter of the American Planning Association, 2004 Annual Conference; "Avoiding the Legal Pitfalls," Florida Chapter of the American Planning Association, 2004 Annual Conference; "The Constitutional and Legal Framework of Planning," Florida Planning Officials Training Program, July 2004; "Hands-On Training for Board of Adjustment Members," 2002 APA Midwest Planning Conference, Cincinnati, Ohio, September 2002; "Contextual Development Guidelines for Urban, Suburban, and Rural Areas," 2002 APA Midwest Planning Conference, Cincinnati, Ohio, September 2002; "Group Homes & Community Residences: A Local Government's Regulatory Perspective," Florida Municipal Attorney's Association Annual Conference, July 2002; "Preparing for Expert Testimony and Depositions," American Planning Association's National Conference, Chicago, Illinois, April 2002; "Takings and Quasi-Judicial Update," Florida Municipal Attorney's Association Annual Conference, July 2000
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