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Andrew Prince Brigham

See Andrew Prince Brigham's rating at Martindale-Hubbell

Jacksonville, FL
(800) 455-1440
abrigham@brighammoore.com


Mr. Brigham is a third generation trial lawyer. Born in Miami, Florida, he graduated from Wheaton College (B.A. English Literature, 1988) and University of Florida College of Law (J.D., 1991). Early on, Andrew Brigham had familiarity with our firm’s practice of law devoted to protecting property rights and representing owners in eminent domain proceedings. He assisted in preparing cases for trial working summers in both high school and college. He has now been in law practice for 17 years. He is best known for his work throughout Florida representing owners in jury trial proceedings. He has completed jury trials in Duval, St. Johns, Flagler, Volusia, Escambia, Walton, Leon, Alachua, Lake, Hillsborough, Pasco, Dade, Broward, and Martin Counties. Recently, Mr. Brigham led a team of Brigham Moore lawyers who achieved the largest jury verdict ($67,410,000) rendered in Florida state court eminent domain proceedings. His energetic style of practice reflects his view that it is a privilege to protect the civil right of private ownership and that the practice of law is a high professional calling.

Mr. Brigham began as a resident lawyer in our Miami and Tampa offices, before establishing the firm’s Jacksonville office. He frequently lectures in both legal and appraisal seminars on such topics as trial preparation and presentation. He has also represented owners in bench trials in the context of challenging the authority of government to take private property for other than public uses or claims for inverse condemnation. On a selective basis, he has represented owners in appellate courts when the issue at bar is one which would shape private property rights law in Florida.

Mr. Brigham was chosen by his peers for inclusion as a “Legal Elite” in the State of Florida in the field of eminent domain, as recognized in Florida Trend Magazine, in 2004, 2005, 2006 and 2008, and was chosen as a Florida Super Lawyer by Law & Politics in 2008, 2009 and 2010. Additionally, he is named in Woodward White’s The Best Lawyers in America® for years 2007, 2008, 2009 and 2010.

Areas of Practice

Eminent Domain, Inverse Condemnation, Property Rights Litigation, Appellate Practice, Regulatory Takings, Utility Acquisitions

Prior Professional Experience
  • Represented property owners in road projects including U.S. 41, S.R. 54, S.R. 56, and Airport Boulevard in Tampa; Davis Highway in Pensacola; Highway 98 in Destin; S.R. 83/Freeport By-Pass in Walton County; U.S. 441 in Tavares; OCOEA’s Beltway in Orlando; S.R. 76/Kanner Highway in Stuart; Donald Ross Road/I-95 in West Palm Beach; Davie Boulevard/I-95 in Ft. Lauderdale; Bird Road Extension; Turnpike/NW 41ST, and 137th Avenue in Miami; S.R. 200, S.R. 13 and Wonderwood Connector in Jacksonville.
  • Represented property owners in takings for an electric generating power plant in New Smyrna Beach, a flood control project in Tallahassee/Leon County (Welaunee Plantation), an effluent treatment wetland in Brevard County (Cocoa Ranch), the Lake Apopka Restoration in Orange County, the Bayou Chico Bridge in Pensacola, the Garcon Point Bridge in Santa Rosa County, Florida Gas Pipeline in Hernando County, Gulfstream Natural Gas Pipeline in Polk County, the Metromover Project in Dade County (Elevated Train), Depot Stormwater Park in Gainesville, the New Baseball Grounds and Entertainment Complex in Jacksonville, and the New Duval County Courthouse Complex, also, in Jacksonville.
  • Represented property owners in defense of their private property rights in Community Redevelopment Areas including Jacksonville Beach, Daytona Beach, and American Beach.
  • Drafted revisions to the Florida Eminent Domain Code while serving on legislative task force in 1998/1999; the draft was incorporated into an amendment to an existing bill and subsequently passed to become law.
  • Brigham Moore LLP, Partner, 1996-present.
Notable Cases
  • Represented Keystone Coal Company in slow-take proceedings filed by the Jacksonville Port Authority (“Jaxport”). Notwithstanding the owner’s recent purchase price of $8,000,000, Brigham Moore lawyers obtained a jury verdict of $67,410,000, the largest jury verdict ever achieved in Florida’s state court eminent domain proceedings. The jury rejected Jaxport appraisers’ estimates of $18,000,000 and $19,000,000 for 70-acres of waterfront property plus industrial kiln on the St. Johns River. The amount of the verdict persuaded Jaxport to abandon its taking, achieving the client’s goal of preserving his private ownership for this global gateway property. Jaxport v. Keystone Coal Company.
  • Represented homeowners in two successive trials involving partial takings for the Wonderwood Connector in Jacksonville, Florida. These homes were located on a beautifully canopied Ft. Caroline Road, a two-lane road. The Jacksonville Transportation Authority (“JTA”) took the owners’ front-yards to construct a new four-lane, major arterial roadway. Initial offers recognized little or no severance damages to the homes. Jury verdicts recognized substantial severance in each of six cases. To illustrate, initial offers of $12,200, $14,500, $1,900, $14,600, $10,175, and $9,225 (without severance) resulted in jury verdicts of $86,431, $92,637, $49,763, $139,816, $129,235, and $141,993 (with severance plus interest). JTA v. Brizendine, Santoni, Jenkins; JTA v. Glaser, Newton, Portwood.
  • Represented developer of Ormond Crossings DRI upon taking of three separate stormwater ponds for I-95 widening project. Key issues involved whether value was based upon a highest and best use derived from existing zoning or a highest and best use derived from a long-term DRI in its initial stages. FDOT’s initial offer was $40,500. The jury rendered its verdict at $830,000 (including interest). FDOT v. Tomoka Holdings, Inc.
  • Represented Estuary Corporation (Davis/Winn Dixie family) in the taking of approximately 8 acres proximate to the Mayo Clinic on San Pablo Boulevard for the expansion of a stormwater pond serving Beach Boulevard in Jacksonville, Florida. The key issue involved whether highest and best use contemplated mitigation of 4 acres of wetlands within a larger parent tract in order to increase developable upland within the area of taking. Trial positions differed from a low of $980,500 to a high of $2,478,036. Jury verdict was $2,254,379. FDOT v. Estuary Corporation.
  • Represented the Samson Land Trust in a condemnation trial by the Utilities Commission of the City of New Smyrna Beach. The initial offer was $315,000 for a partial taking, with a negotiated settlement purchasing the whole property for $7,600,000. UCCNSB v. Herbert E. Saks.
  • Represented a famed horse-trainer, Elliot Fuentes (“Spend-A-Buck”), in a taking for a road widening and mitigation area located on the frontage of his 100-acre horse farm. The initial offer by FDOT was $190,000. A jury trial resulted in a verdict of $1,375,000. FDOT v. Elliot Fuentes.
  • Represented a foreign developer/mortgagee who stood in the shoes of the owner of the “Old Southern Bell Building,” a six-story historic building in downtown Jacksonville. The initial offer by the City of Jacksonville was $1,200,000. The case then was resolved leading up to a second jury trial with a negotiated settlement of $3,200,000. City of Jacksonville v. 325 West Adams Street.
  • Represented Tony and Aida Rukab in a taking of three small lots located just off of J. Turner Butler Boulevard in Jacksonville Beach and within a Community Redevelopment Area. The initial offer made by the developer for the three lots in 1999 was $48,000. The jury rejected this estimate of value and instead decided on a higher verdict of $567,000. City of Jacksonville Beach and City of Jacksonville Beach Community Redevelopment Authority v. Tony and Aida Rukab.
  • Represented the owners of a dry-dock marina and heavy industrial site in a taking for a new bridge over Bayou Chico in Pensacola. The initial offer was $1,700,050 with a jury verdict of $2,495,809 and design concessions for the entry road leading into the facility. FDOT v. Florida Drum.
  • Represented Cornerstone Development near Destin, Florida, in FDOT’s taking of right-of-way for the new Freeport By-Pass. FDOT’s initial offer was $185,550. With land available for development rapidly appreciating soon after the initial offer was made, a stipulated order of taking and final judgment was negotiated with a settlement at $2,030,578. FDOT v. Freeport Plantation LLC.
  • Represented Ance and Ovieda Vick, who owned a worm farm and flower stand on a high traffic corridor. The worms won as the case settled in the middle of a jury trial for $131,000 plus additional land to the benefit of the Vicks. FDOT v. Ance and Ovieda Vick.
Education
  • University of Florida College of Law, J.D., 1991
  • Wheaton College, B.A. (English Literature), 1988
Professional Activities Honors
  • Recognized in Florida Trend Magazine as one of Florida’s Legal Elite, 2004,2005,2006 and 2008
  • Named in Woodward White’s The Best Lawyers in America® for 2007, 2008, 2009 and 2010
  • Chosen as a Florida Super Lawyer by Law & Politics, 2008, 2009 and 2010
  • University of Florida College of Law Justice Campbell Thornal National Moot Court Board, 1991
  • University of Florida College of Law Book Awards: Land Use Planning, Fall 1990; Legal History, Fall 1990; Comparative Private International Law, Fall 1990; and Negotiation & Dispute Settlement, Spring 1991
Publications & Speeches
  • Florida Bar Eminent Domain Committee Meeting, Damages from Project Outside of Taking (Taylor v. DOT, 701 So.2d 610 and other cases) (Orlando, 2010)
  • ALI-ABA Seminar, Market, Income, and Cost Approaches to Value: What Lawyers Need to Know About Appraisal Theory and Trial Presentation/Case Study on the Application of the Three Approaches to Value in Jacksonville Port Authority v. Keystone Coal Company: What Does Jed Clampett Know about Picasso Anyway? (Miami, 2009)
  • ALI-ABA Seminar, Core Principles: True North/Name That Tune (San Francisco, 2008)
  • 2007 Block & Bridle Club National Convention, Land Value, Property Rights and Urban Encroachment on Agriculture (Kissimmee, 2007)
  • ALI-ABA Seminar, Name that Tune: Common Themes that Conflict Between Property Owner and Condemning Authority in Eminent Domain Trial (Miami, 2007)
  • ALI-ABA Seminar, Establishing Just Compensation for Unique and Special Purpose Properties (Miami, 2005)
  • ALI-ABA Seminar, Challenge to the Taking, A Time of Resurgence in the Public Purpose Doctrine and Revival in Due Process (San Francisco, 2004)
  • CLE-International Seminar, Cross-Examination of an Appraiser (Tampa, 2004)
  • FPMA Seminar, Sustainable Property Rights Under Florida Law;
  • AEDP Seminar, Creation v. Evolution in Eminent Domain... A review of Dade County v. Brigham (Orlando, 2003)
  • ALI-ABA Seminar, The Latest About Access and How to Deal With It (Coral Gables, 2003)
  • ALI-ABA Seminar, Trial Preparation and Demonstrative Evidence in Eminent Domain/Economic Redevelopment Panel (Coral Gables, 2001)
  • CLE-International Seminar, Public Purpose - The Privatization (or Piratization) of Eminent Domain (Tampa, 2000)
  • ALI-ABA Seminar, Trial Exhibits that Work/Water, Water Everywhere (Coral Gables, 1999)
  • CLE-International Seminar, Compensation for Flooding Caused by Government Action (Tampa, 1999)
  • Florida Bar Eminent Domain Committee Meeting, The Road to Tallahassee - Reform of the Eminent Domain Code (Tampa, 1998)
  • AEDP Seminar, Advocacy and Your Future as an Expert (Orlando, 1998)
  • HCBA Seminar, How a Bill Becomes a Law: Policy and Practice in Eminent Domain (Tampa, 1998)
  • ALI-ABA Seminar, Demonstrative Evidence (Coral Gables, 1998)
  • Florida Bar Environmental/Land Use Section Workshop (Orlando, 1996)
  • Florida Bar Eminent Domain Committee Meeting, The Art of Mediating an Eminent Domain Case (Tampa, 1994)
  • University of Miami Real Property Seminar, Concurrency: The Teeth of Growth Management (Miami, 1991).
Interests
  • Mr. Brigham and his wife, Debbie, have three daughters, Lindsey, Abbie, and Emily. He enjoys playing basketball, soccer and flag football, when not attending one of his daughters’ piano or violin recitals. The Brigham family attends Westminster Presbyterian Church.
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