Barton W. Smith, Esq.

Barton W. Smith, Esq.

Managing Partner
bart@smithhawks.com
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J.D., University of Miami, Deans Merit Scholar

B.B.A., University of Miami, with Honors

In 2008, Bart Smith founded the firm, and in 2012, he formed the partnership focusing in the areas of real estate, land use and civil litigation. Bart practices throughout the State of Florida assisting his clients in a wide range of matters, focusing on bringing efficient solutions that are economically viable to his clients.

Recent Representations

  • Representing private equity fund in redevelopment of multiple hotels in Islamorada.
  • Representing private equity fund in redevelopment of Destination Resort in Key Largo.
  • Representing Public Utility in expansion of operation and appeals of permits.
  • Representing Publicly traded Real Estate Investment Trust in redevelopment of multiple mobile home and RV Parks
  • Representing large retail grocery store in development of 46,000 square foot grocery store.
  • Representing developer in developing 175-unit hotel/resort, including obtaining development agreement and conditional use approvals, obtaining all development rights, road abandonments and all other necessary permits.
  • Representing developer in redeveloping 363 wet slip marinas into a turnkey 100-unit resort and marina, including obtaining development agreement and conditional use approvals, obtaining all development rights, and all other necessary permits.
  • Representing developer in development of 60-unit multi-family development.
  • Representing developer in redevelopment of 200-unit RV park into destination hotel.
  • Representing developer in redevelopment of industrial site into marina.
  • Representing publicly traded Real Estate Investment Trust in expansion of hotel.
  • Representing local college in a variety of land use matters
  • Representing homeowner in Historic Architectural Review Commission appeals.
  • Represented hospital, homeowner’s association and private commercial business in obtaining favorable ruling determining property owners were not obtaining service from municipality for stormwater sewer fees and obtaining refund of amounts paid to municipality.
  • Represented property owner in rezoning of property and successfully defending against appeal brought by United States Navy.
  • Represented national publicly traded hospital operator in obtaining fair property ad valorem assessments and, where appropriate, exemptions from taxation.
  • Represented developer in development of 335,000 square foot shopping mall.
  • Represented publicly traded drug store in developing a 15,000-square foot independent grocery and pharmacy store, including obtaining a road abandonment and right-of-way permits necessary to provide better access to the store. Representing same client in redevelopment of commercial property into pharmacy/grocery store.
  • Represented Continuing Care Retirement Community in obtaining approximately $1 million in property tax refunds.
  • Represented Continuing Care Retirement Community in obtaining over $300 thousand in property tax refunds.
  • Represented property owner in dispute with local government regarding extension of electric power.  Obtained favorable rulings in circuit court, appellate courts and before public service commission, which preempted local zoning regulations to allow power to be extended to property owner’s property.
  • Represented college in obtaining determination from circuit court which was affirmed by appellate court determining college is immune from municipal stormwater user fee.

Reported Cases

  • City of Key West v. Key West Golf Club Homeowner’s Association, Inc., 2017 WL 384338 (Fla. 3rd DCA 2017)
  • Far Niente, LLC v. City of Key West, 209 So. 43 (Fla. 3rd DCA 2016)
  • Greg Daniels and Michael Bellows, Department of the Navy v. Monroe County and Rockland Operations, 2016 WL 4268887
  • In re: Application for increase in wastewater rates in Monroe County by K W Resort Utilities Corp., 2016 WL 1179416 (Fla.P.S.C.) (Fla.Div.Admin.Hrgs.)
  • Last Stand v. KW Resort Utilities Corp. and Florida Department of Environmental Protection 2016 WL 773180 (Fla.Div.Admin.Hrgs.)
  • Roemmele-Putney v. Reynolds, 106 So.3d 78 (Fla. 3rd DCA 2013)
  • In re: Complaint of Robert Reynolds et al., 2013 WL 2298327
  • City of Key West v. Florida Keys Community College, 81 So.3d 494 (Fla. 3rd DCA 2012)

Memberships

  • Florida State Bar
  • United States Federal Bar for the Southern District of Florida
  • United States Federal Bar for the Middle District of Florida
  • United States Supreme Court
  • United States Federal Bar for the Southern District of Florida Bankruptcy Court
  • United States Federal Bar for the Middle District of Florida Bankruptcy Court
  • Monroe County Bar Association