Live Local Act: Sarasota County
Sarasota County Live Local Act Litigation Library
Court Cases, County Reports, Public Meetings and News Coverage
Last updated: August 30, 2026
Sarasota County is currently involved in four court cases involving disputes over the application of Florida's Live Local Act.
At the heart of these cases is an important question: Can the Live Local Act be used to allow high-density apartment developments on land Sarasota County considers rural, open-use or residential because those zoning districts permit certain limited nonresidential uses?
The four properties involved in litigation illustrate the potential impact:
Current zoning on those four properties: approximately 117 residential units
Live Local proposed by the four developers: 3,831 residential units
That is 3,714 more units — more than 32 times the number of homes allowed under the properties' current zoning.
Sarasota County has taken the position that the Live Local Act does not automatically make these properties eligible for high-density apartment development. The developers have challenged County decisions in court.
Two of the lawsuits go a step further by naming all five Sarasota County commissioners individually as defendants.
1. DR Horton / Smith Farm – Next to the Celery Fields
Case No.: 2026 CA 002299 NC
Filed: April 23, 2026
Property: 1771 and 1871 Raymond Road, Sarasota
Size: 50.85 acres
Zoning: OUR (Open Use Rural)
Current Zoning: Approximately 5 residential units
Live Local Proposal: 864 apartments
Petitioners: DR Horton Inc., Cindy L. Smith Revocable Living Trust, Cindy L. Smith and Matt Smith
Respondent: Sarasota County
Intervenor: Sarasota Audubon Society
Under the property's current zoning, approximately 5 residential units could be built. The applicants contend that the Live Local Act applies to the property and are seeking 864 apartments.
5 units → 864 apartments
The property's location is particularly significant because it is next to the Celery Fields, a local bird sanctuary and popular bird-watching attraction.
The case was filed as a Petition for Writ of Certiorari challenging Sarasota County's decision. The Sarasota Audubon Society was granted permission to intervene in the case.
Status: Pending. A motions hearing is currently scheduled for September 28, 2026.
2. Yeshua's Love Biblical Fellowship / Curco Land Holdings
Case No.: 2026 CA 002716 NC
Filed: May 15, 2026
Property: 8893 Fruitville Road, Sarasota, FL 34240
Size: 23.69 acres
Zoning: OUE-1 (Open Use Estate)
Current Zoning: Approximately 4 residential units
Live Local Proposal: 352 residential units
Plaintiffs: Yeshua's Love Biblical Fellowship of Sarasota Florida Inc. and Curco Land Holdings LLC
Defendant: Sarasota County
Under the property's current zoning, approximately 4 residential units could be built. The plaintiffs contend that the Live Local Act applies to the property and are seeking 352 residential units.
4 units → 352 units
The lawsuit challenges Sarasota County's position concerning application of the Live Local Act to the property.
Unlike two of the other Live Local lawsuits, the individual Sarasota County commissioners are not named as defendants in this case.
Status: Pending.
3. SITC Inc. v. Sarasota County and County Commissioners
Case No.: 2026 CA 002807 NC
Filed: May 21, 2026
Property: 2000 Lorraine Road / Dog Kennel Road area
Size: 43.42 acres
Zoning: OUE-1 (Open Use Estate)
Current Zoning: Approximately 5 residential units
Live Local Proposal: 365 residential units
Plaintiff: SITC Inc.
Defendants: Sarasota County and Commissioners Joe Neunder, Tom Knight, Mark Smith, Ron Cutsinger and Teresa Mast
Under the property's current zoning, approximately 5 residential units could be built. SITC contends that the Live Local Act applies and is seeking 365 residential units.
5 units → 365 units
This lawsuit is particularly significant because SITC did not sue only Sarasota County. All five elected Sarasota County commissioners are also named as defendants.
The litigation has subsequently generated additional disputes involving legal representation of individual commissioners.
Status: Pending.
4. New Pope Holdco III, LLC v. Sarasota County and County Commissioners
Case No.: 2026 CA 003599 NC
Filed: July 6, 2026
Property: 421 Tatum Road, Sarasota, FL 34240
Size: 206.5 acres
Zoning: RE-1 (Residential Estate)
Current Zoning: Approximately 103 residential units
Live Local Proposal: 2,250 residential units
Plaintiff: New Pope Holdco III, LLC
Defendants: Sarasota County and Commissioners Joe Neunder, Tom Knight, Mark Smith, Ron Cutsinger and Teresa Mast
Under the property's existing RE-1 zoning, approximately 103 residential units could be built. New Pope Holdco III contends that the Live Local Act applies and is seeking 2,250 residential units.
103 units → 2,250 units
Like the SITC lawsuit, New Pope did not sue only Sarasota County. All five Sarasota County commissioners are also named as defendants.
Status: Pending.
Why These Court Cases Matter
These lawsuits involve much more than four individual development proposals.
The central dispute involves how broadly the Live Local Act can be applied to land that Sarasota County considers rural, open-use or residential.
Across these four properties alone:
Approximately 117 units are allowed under current zoning.
Developers are seeking: 3,831 units under their interpretation of the Live Local Act.
If the developers prevail on their interpretation of the law, the consequences could extend beyond these four properties. Similar arguments could potentially be made for other 15 properties that applied for Live Local throughout Sarasota County.
The outcome of these cases could therefore help determine how far the Live Local Act reaches and how much local control Sarasota County retains over development in areas that were not planned for high-density apartment projects.
Court information is based on Sarasota County Clerk of the Circuit Court records. Court cases, filings, hearing dates and case status are subject to change.
How to Access Court Filings
Court pleadings, motions, judicial orders and hearing information should be verified through the Sarasota County Clerk of the Circuit Court.
Search by the case number or party name:
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2026 CA 002299 NC — DR Horton/Smith Farm
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2026-CA-002716-NC — Yeshua’s Love/Curco
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2026-CA-002807-NC — SITC Inc.
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2026 CA 003599 NC — New Pope Holdco
The Clerk’s system may require users to accept its access terms or register before viewing certain documents.
Sarasota County Staff Reports and Legal Materials
Visit the Sarasota County’s official Live Local Act page for more information
The County currently states:
“All residential, rural, and open use districts in the Unified Development Code do not qualify under the Live Local Act.”
The page also explains that qualifying projects are handled through an administrative site-development review rather than through the normal rezoning or public-hearing process.
January 13, 2026 Staff Update - Agenda Item 42
Subject: Update on the administrative process for Live Local Act proposals.
This was an early County Commission presentation explaining how staff intended to review Live Local applications.
March 24, 2026 Staff Report and Board Discussion - Agenda item 40
Subject: Live Local Act Administrative Review Process and Statutory Compliance.
The report and discussion addressed questions about whether properties zoned Open Use Estate, Residential Estate and other low-density categories could qualify because those districts permit limited nonresidential uses.
April 7, 2026 County Attorney and Staff Report - Agenda items 20 and 27
On April 7, County Attorney Joshua Moye advised commissioners about the statutory language and litigation risks associated with excluding residential, rural and open-use districts.
Following the report, commissioners unanimously directed staff that:
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Residential districts do not qualify.
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Rural districts do not qualify.
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Open-use districts do not qualify.
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Eligible Live Local projects remain limited to land zoned for commercial, industrial or mixed use.
County Attorney Moye cautioned that developers would likely challenge the decision and that the Live Local Act permits an award of attorney fees and costs to the prevailing party, subject to the statutory cap.
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Sarasota News Leader report summarizing the April 7 staff presentation and vote
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Suncoast Searchlight/Florida Trident report on the April 7 vote
April 21, 2026 County Attorney Update - Agenda items 26 and 27
Commissioners directed the County Attorney to:
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Obtain an independent legal opinion regarding the application of the Live Local Act.
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Request guidance from the Florida Attorney General.
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Continue evaluating the legal status of applications affected by the April 7 policy.
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Sarasota News Leader April 21 report on the request for outside counsel
April 30, 2026 County Attorney Memorandum No. 1908 - Agenda item 28
County Attorney Joshua Moye provided commissioners with Interoffice Memorandum No. 1908.
The memorandum included or discussed:
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The request for an outside legal opinion
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The request for an opinion from the Florida Attorney General
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The absence of extensive settled case law interpreting the Act
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Potential litigation and attorney-fee exposure
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The legal uncertainty surrounding unusual local zoning classifications
The memorandum and outside legal opinion were discussed publicly at the May 5 County Commission meeting.
Independent Legal Opinion from Nabors, Giblin & Nickerson
Sarasota County retained the law firm Nabors, Giblin & Nickerson to provide an outside legal analysis.
The opinion discusses:
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State preemption of local land-use authority
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The definitions of commercial, industrial and mixed use
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Residential and agricultural districts
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Open-use zoning
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Administrative approval
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Height, density and parking preemptions
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Attorney-fee exposure
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Pending litigation elsewhere in Florida
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Changes approved by the Florida Legislature in 2026
The opinion noted that much of the litigation involving the Live Local Act had either settled or remained pending, leaving limited final appellate guidance for local governments.
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Summary of the independent legal opinion – Sarasota News Leader
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May 5 agenda packet containing the legal update - Agenda Item 28
Request for Florida Attorney General Opinion
The County Attorney’s Office requested an opinion from the Florida Attorney General concerning the land-use provisions of the Live Local Act.
The request was included with or referenced in County Attorney Memorandum No. 1908.
May 19, 2026 Staff Update - Agenda item 35
County staff presented another Live Local Act update following the April policy decision, the independent legal opinion and legislative developments in Tallahassee.
August 25, 2026 — Live Local Lawsuits and Legal Representation
The County Attorney provided the County Commission with an update on the pending Live Local lawsuits. The Board discussed legal representation for commissioners who have been individually named as defendants in two of the lawsuits.
The Commission rejected the attorney provided by the County's insurance company and elected to proceed with representation through the County Attorney's Office. The Board also requested further discussion with private counsel to establish reimbursement parameters for commissioners who obtain private representation, with a proposed cap of $100,000 per commissioner.
The Board also directed the County Attorney's Office to continue settlement negotiations with Yeshua's Love Biblical Fellowship and Curco Land Holdings.
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August 25, 2026 County Commission meeting, Item 57(E) — Live Local Lawsuits Update
Florida Statutes and Legislation
Current Live Local Act Statute
The law governs qualifying affordable multifamily and mixed-use residential development in counties.
2026 House Bill 1389
House Bill 1389 amended the Live Local Act and added or clarified exclusions affecting open-use, agricultural and conservation properties. The amendment took effect July 1, 2026.
The parties disagree over whether those provisions merely clarified the law’s original meaning or created new exclusions that do not control applications submitted under the earlier version. That question is central to the pending Sarasota County litigation.
Related Litigation Elsewhere in Florida
Court decisions elsewhere may influence how the Live Local Act is interpreted in Sarasota County.
Hillsborough County Constitutional Challenge
Hillsborough County filed suit challenging portions of the Live Local Act on constitutional and due-process grounds.
Hillsborough County sues state over Live Local Act – Axios Tampa Bay
Other Florida Cases
Legal disputes involving proposed projects in Plant City and Hollywood also have raised questions about the Act’s application to zoning, height, density and administrative review. Many early Live Local cases have settled or remained unresolved, leaving limited appellate precedent.
Important Notice
This page is provided for public information and community education. It is not legal advice.
Court cases, legislation and development applications can change quickly. Readers should verify the current status through:
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The Sarasota County Clerk of the Circuit Court
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Sarasota County’s official Live Local Act page
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Sarasota County Commission agendas and meeting records
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The Florida Legislature’s official website
Have updated court documents or information? Please contact CONA so this public library can be kept current.