Tuesday, March 28, 2006

If you care about (due) process in local quasi-judicial hearings, call your state legislator to stop or amend this REALLY BAD BILL

A bill that Senator Bennett introduced to ensure that there is some kind of written reason when a development permit has been denied has been hijacked by someone and turned into a gross due process violation. It was abused in committee and now is going to the Senate floor with REALLY BAD LANGUAGE

Here's a link to the bill, SB 1112.

What someone did was add language that says that local government DO NOT HAVE TO PROVIDE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW IN QUASI-JUDICIAL PROCEEDINGS.

This violates due process - see Irvine v. Duval County and all the cases cited in Justice Pariente's dissent in G.B.V.

This one has all the local government lawyers laughing all the way to the bar. It legislatively destroys almost 100 years of procedural due process decisions and would enact legislatively the hideous mistake that the Florida Supreme Court made in Snyder.

Whether you represent developers or neighbors, the sloppy, abusive and unreviewable results of decisions without findings and conclusions prevents you from getting justice and effective judicial review.

Write, call and help stop it now.

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