In the escalating clash between property rights and local land use control, Freehold Communities is asserting itself as a developer unafraid to challenge government resistance—turning to Florida’s dispute resolution laws to defend its ability to build in St. Johns County despite organized opposition.

The Boston-based firm is currently embroiled in a land use dispute in St. Johns County, where it hopes to build a 3,332-home agrihood west of I-95. But after the County Commission unanimously denied the necessary rezoning request in late 2023, Freehold invoked the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA)—a rarely used legal tool that offers developers a formal mediation process outside the courtroom.

From Denial to Mediation: St. Johns Case Enters FLUEDRA

The proposed development, which could house more than 9,000 residents and include 250,000 square feet of commercial space, would require a zoning change from Open Rural to Planned Unit Development. County leaders, citing infrastructure limitations and public opposition, denied that request. But under FLUEDRA, the landowner—Robinson Improvement Co., represented by Freehold—has the right to challenge the denial through a nonbinding public hearing before a special magistrate.

A mediation held in March produced a revised plan with more site detail and neighborhood commercial elements. The County Commission, choosing not to act immediately, voted on May 6 to let the magistrate continue the process and issue a recommendation before bringing the item back for reconsideration.

It’s a high-stakes standoff. While the county maintains discretion, FLUEDRA creates a legal paper trail and pressures public officials to justify decisions that may later be challenged in court.

A Pattern Emerges: Paramount Theatre FLUEDRA Case in Palm Beach

Freehold’s legal maneuvering in St. Johns County is part of a broader trend. In Palm Beach, a separate and equally contentious FLUEDRA case is playing out over the fate of the historic Paramount Theatre, just a short drive from Arden, Freehold’s flagship agrihood community in South Florida.

The Paramount case centers on a redevelopment proposal by Lester Woerner, whose company purchased the landmarked 1927 structure and sought to transform it into a 475-member private club. After the Palm Beach Town Council rejected multiple revised plans, Woerner invoked FLUEDRA in August 2024. Despite a failed mediation attempt in November, both sides remain locked in ongoing negotiations, now overseen by Administrative Law Judge Francine Ffolkes.

The parallels with Freehold’s St. Johns County case are striking: revised plans, public opposition, multiple rounds of rejection, and now, a reliance on the same dispute resolution process under state law. Both cases illustrate how developers are turning to FLUEDRA not only as a path to potential compromise, but also as a strategic shield against local governments and NIMBY opposition to large-scale developments regardless of their merits.

Meanwhile in Clay County: Saratoga Springs Breaks Ground

Freehold’s agrihood ambitions aren’t limited to Palm Beach and St. Johns counties. In Clay County, the company broke ground in January 2025 on Saratoga Springs, a 2,240-acre agrihood west of Green Cove Springs. The $70 million land acquisition will support a development of up to 4,489 homes, anchored by working farms, interconnected parks, trails, and five distinct neighborhoods.

Saratoga Springs reflects the broader popularity of agrihoods in Northeast Florida, with neighboring developments like Agricola also in the pipeline. The concept rooted in self-sufficiency, local food production, and community-focused design is booming in markets with large tracts of undeveloped land and growing populations. But as the St. Johns dispute shows, scaling these projects requires navigating complex zoning laws, infrastructure constraints, and shifting public sentiment.

FLUEDRA: A Growing Legal Weapon

Passed in 1995 alongside the Bert J. Harris Jr. Private Property Rights Protection Act, FLUEDRA gives landowners a unique forum to challenge governmental actions perceived as unfair. It requires a local government to participate in mediation, share costs, and consider the findings of a neutral special magistrate—all without stripping either side of the right to pursue litigation later.

In both the St. Johns and Palm Beach cases, developers are using FLUEDRA not only to gain leverage but also to build a record that could support future legal claims under the Harris Act, which allows compensation for “inordinate burdens” on property rights.

While few local governments in Florida have adopted FLUEDRA procedures or even publicize the law’s availability, that may be changing. As developers like Freehold turn to the act in increasingly high-profile disputes, FLUEDRA is quietly becoming a central feature in Florida’s development chessboard.

What’s Next

The special magistrate’s recommendation in the St. Johns County case is expected in the coming months. If it favors Freehold, the County Commission will face renewed pressure to reconsider its denial—or risk litigation. Meanwhile, Saratoga Springs continues to rise in Clay County, and the Paramount Theatre saga presses on in Palm Beach. For Freehold Communities, the agrihood is more than a planning concept. It’s a business model and increasingly, a legal battleground.