850.224.7332

DAVID A. THERIAQUE
433 North Magnolia Drive
Tallahassee, Florida 32308
Telephone: 850.224.7332
Facsimile: 850.224.7662
E-mail: dat@theriaquelaw.com

Practice Areas
Land Use & Zoning
Local Government Law
Administrative Law
Urban & Regional Planning
Community/Homeowners Association Law
Real Property Disputes
Civil Litigation and Appellate Advocacy

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

Bar Admissions
Florida, 1989

Court Admissions
U.S. District Court, Middle District of Florida
U.S. Court of Appeals, Eleventh Circuit
United States Supreme Court

Professional Memberships
The Florida Bar, Sections on Environmental and Land Use Law, Administrative Law, and City, County and Local Government Law
American Bar Association, Section on State and Local Government Law
American Planning Association, Division of Intergovernmental Affairs
Florida Chapter of the American Planning Association - Legislative Committee, Member at Large
Florida Wildlife Federation - Presiding Officer, Life Members' Council, 2012-2013

Awards/Honors
AV-Preeminent rated - Martindale-Hubbell's highest rating for legal ability and ethical standards
Florida Super Lawyers, 2010-2016 - Land Use & Zoning Law
Top Orlando Attorneys, Orlando Life magazine, 2011-2013 - Land Use & Zoning Law
Top Rated Attorneys, Daily Business Review, 2013 - Energy/Environmental Law
Special Friend of Florida Award (1999) - 1000 Friends of Florida, Inc.
Charter Life Member of Florida Wildlife Federation

Prior Professional Experience
City of Destin Special Land Use Counsel
Former Adjunct Professor at the Florida State University Department of Urban and Regional Affairs, Graduate Program
Apgar, Pelham, Pfeiffer & Theriaque, P.A., Partner
Judicial Law Clerk for the Honorable Susan H. Black, U.S. District Court, Middle District of Florida

Published Works and Presentations
"Case Law Update," Quarterly Column, Florida Planning, Florida Chapter of the American Planning Association (2011-present)

"Private Property and Development Rights Update," Florida Chapter of the American Planning Association's Annual Conference, September 2015

"Planners as Expert Witnesses - A Survival Guide," Florida Chapter of the American Planning Association's Annual Conference, September 2015

"Private Property and Development Rights Update," Florida Municipal Attorneys Association's 34th Annual Conference, July 2015

"Planning in the Courts," Florida Chapter of the American Planning Association's 13th Annual Public Policy Workshop, February 2015

"Land Use Law Update," Emerald Coast Section of the Florida Chapter of the American Planning Association, October 2014

"What's New in the Law: Legal Hot Topics and Recent Cases," Florida Chapter of the American Planning Association's Annual Conference, September 2014

"Planners as Expert Witnesses - A Survival Guide," Florida Chapter of the American Planning Association's Annual Conference, September 2014

"Special Exceptions, Variances, and Non-Conforming Uses," Florida Municipal Attorneys Association's 33rd Annual Conference, July 2014

"Site Visits Done . . . Legally," Planning, American Planning Association, June 2014 Issue

"Planning Law Update," Florida Planning & Zoning Association's Annual Conference, June 2014

"Planning in the Courts," Florida Chapter of the American Planning Association's 12th Annual Public Policy Workshop, February 2014

"Planners as Expert Witnesses - A Survival Guide," Florida Chapter of the American Planning Association's Annual Conference, September 2013

"The Bert Harris Property Rights Act," Florida Municipal Attorneys Association's 32nd Annual Conference, July 2013

"The Bert Harris Act from a Local Government Perspective," Florida Association of County Attorneys' Annual Conference, June 2013

"Who is Bert J. Harris?," Florida Planning & Zoning Association's Annual Conference, June 2013

"21st Century Planning Commissioner Short Course: Legal Framework for the Planning Commission," American Planning Association's National Annual Conference, Chicago, Illinois, April 2013

"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

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

"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

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

"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

Co-Authored with V. Gail Easley, FAICP, "Nonconformities" in Zoning Practice, American Planning Association, Issue No. 11, November 2009

"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

Co-Authored with V. Gail Easley, FAICP, The Board of Adjustment, American Planning Association 2005

Co-Authored with S. Brent Spain, "Development Exactions," Florida Municipal Attorney's Association Annual Conference, July 2005

"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

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

"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

"Swearing in Planners, Commissioners, Attorneys & Citizens in Quasi-Judicial Hearings," Florida Chapter of the American Planning Association, 1998 Annual Conference

"Quasi-Judicial Hearings," Nuts and Bolts Municipal Government Seminar, Panama City, Florida, September 1998

Water Resources Planning, Chapter Three, "Water Law" & Chapter Four, "Federal and State Water Regulation," Rowman & Littlefield, Second Edition 1996

"Takings, Temporary Takings and Moratoria," Seventh Annual Growth Management Short Course, Florida Chamber of Commerce, April 1996

"Making Snyder Work," Seventh Annual Growth Management Short Course, Florida Chamber of Commerce, April 1996

"Law Update," Florida Planning & Zoning Association State Conference, October 1995

"What is a Taking?," Coastal Management & Takings Workshop, Apalachee Regional Planning Council, June 1995

"Making Snyder Work: Part II: Mock Planning Commission Meeting," Sixth Annual Growth Management Short Course, Florida Chamber of Commerce, April 1995

"Emerging Trends & Issues: Application of Lucas' Common Law Test in Florida," Sixth Annual Growth Management Short Course, Florida Chamber of Commerce, April 1995

"Growth Management, Advanced Session for Elected Municipal Officials," Florida Institute of Government, December 1994

"Quasi-Judicial Zoning Workshop," Florida Planning & Zoning Association State Conference, October 1994

"Takings, Temporary Takings & Moratoria," Fifth Annual Growth Management Short Course, Florida Chamber of Commerce, April 1994

"Application of Lucas' Common Law Test in Florida," Fourth Annual Growth Management Short Course, Florida Chamber of Commerce, April 1993

"Contemporary Issues in Government," Florida Institute of Government, November 1992

"Permitting Process & Environmental Liabilities and Growth Management & the Concept of Concurrency," Conference on Advanced Real Estate Law in Florida, National Business Institute, November 1992

"The Future of Zoning," Florida Planning & Zoning Association State Conference, October 1992

"Lucas vs. South Carolina Coastal Council, Advanced Discussion on Takings Issue," Third Annual Growth Management Short Course, Florida Chamber of Commerce, April 1992

Co-Authored with Richard Babcock, "Landmarks Preservation Ordinances: Are the Religion Clauses Violated by Their Application to Religious Properties?," Journal of Land Use & Environmental Law, Vol. 7, 1992

Water Resources Planning, Chapter Three, "Water Law" & Chapter Four, "Federal and State Legislation," Rowman & Littlefield 1990

Co-Authored with Steve Pfeiffer, "Third Party Practice in Environmental Permitting and Land Use Adjudicatory Practices," Annual Environmental and Land Use Law Update, Florida Bar, August 1989