Thursday, May 08, 2003

Citrus County Cert case - very interesting

The Fifth DCA in an almost per curiam affirmance upheld a Circuit Court's writ of cert that overturned a decision of the Citrus County Board of County Commissioners on a rezoning and site plan approval that allowed higher density than permitted by the plan.

One interesting element: the Circuit Court had taken the issue up on cert, rather than through a de novo review under 163.3215, even though consistency with the plan was the biggest aspect.

The more interesting element was that the Court found that the BCC violated due process, as well as the planning act, in approving the development. Essentially the court found that the Board had to have pre-judged the issue and/or refused to consider the evidence in front of it - novel and very powerful for folks fighting politically driven decisions, on any side of a fight.

Here's a link to more info on the case.

More info on this in the discussion boards.


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