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 development of regional impact review, 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 2024 editions of Florida Super Lawyers as among the top attorneys in Florida in the area of land use and zoning law.

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

Professional Memberships

The Florida Bar, Sections on Environmental and Land Use Law, Administrative Law, and City, County and Local Government Law
American Planning Association – Florida Chapter

Awards/Honors

AV-Preeminent rated – Martindale-Hubbell’s highest rating for legal ability and ethical standards
Florida Super Lawyers, 2010-2024 – Land Use & Zoning Law

Best Lawyers, 2020-2024

President’s Award (2016) – Florida Wildlife Federation – for outstanding contributions to the sound use and management of Florida’s natural resources

Top Orlando Attorneys, Orlando Life magazine, 2011-2013 – Land Use & Zoning Law

Top Rated Attorneys, Daily Business Review, 2013 – Energy/Environmental Law

Charter Life Member of Florida Wildlife Federation

Special Friend of Florida Award (1999) – 1000 Friends of Florida, Inc.

 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)

“Planning in the Courts,” Florida Chapter of the American Planning Association’s 2024 Public Policy Workshop, February 2024

“Planning and Land Use Law Update,” Florida Planning & Zoning Association’s Annual Conference, June 2022

“Back in the Spotlight: Private Property Rights Issues and Litigation,” Florida Chapter of the American Planning Association’s Annual Conference, September 2021

“Planners as Expert Witnesses: A Survival Guide,” Florida Chapter of the American Planning Association’s Annual Conference, September 2021

“Customary Use and Public Beach Access in Florida,” Florida Shore & Beach Preservation Association, June 2021

“Case Law Update,” Quarterly Column, Florida Planning, Florida Chapter of the American Planning Association (2011-2021)

“Lines in the Sand: Law, History and Policy of Customary Use,” Florida Chapter of the American Planning Association’s Annual Conference, September 2019

“Planning and Land Use Law Update,” Florida Chapter of the American Planning Association’s Annual Conference, September 2019

“Planning in the Courts,” Florida Chapter of the American Planning Association’s 17^th Annual Public Policy Workshop, February 2019

“Customary Use Doctrine:  Recent Legal and Legislative Developments,” Florida Shore & Beach Preservation Association’s 61^st Annual Conference, September 2018

“Planning and Land Use Law Update,” Florida Chapter of the American Planning Association’s Annual Conference, September 2018

“Private Property, Public Use and the Beach,” Florida Municipal Attorneys Association’s 37^th Annual Conference, July 2018

“Law Session,” Emerald Coast Section of the Florida Chapter of the American Planning Association, July 2016

“Law Session,” Florida Planning & Zoning Association’s Annual Conference, June 2016

“Planning in the Courts,” Florida Chapter of the American Planning Association’s 14^th Annual Public Policy Workshop, February 2016

“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 34^th Annual Conference, July 2015

“Planning in the Courts,” Florida Chapter of the American Planning Association’s 13^th 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 Witness – 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 33^rd 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 12^th 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 32^nd 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

“21^st Century Planning Commissioner Short Course:  Legal Framework for the Planning Commission,” American Planning Association’s National 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 15^th 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 15^th Annual Land Use Law Conference: Growth Management in Transition, August 2012

“When Does a Development Exaction Become a Taking?,” Florida Municipal Attorneys Association’s 31^st 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 10^th 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

“Growth Management Legislative Update,” Leesburg Area Chamber of Commerce, February 2011

“Case Law Update,” Florida Chapter of the American Planning Association’s 9th Annual Public Policy Workshop, 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

Theriaque & Spain

Theriaque & Spain is an AV-rated law firm based in Tallahassee, Florida, the state capital, with an office strategically located in the metropolitan Orlando area to better serve our clients throughout the state. Our firm practices primarily in the areas of land use, zoning, local government, environmental, and administrative law, and handles all phases of litigation before state and federal courts, and administrative tribunals in such matters. The firm provides a broad array of services in land development, administrative, governmental, regulatory, and litigation matters, and our attorneys work with our clients to provide innovative and creative solutions to complex legal issues. In 2011 through 2024, the firm has been selected for inclusion in Martindale Hubbell’s Bar Register of Preeminent Lawyers.