Sunday, December 16, 2007

The Madness Never Stops! More fun on the Miami River

Durham Park Neighborhood Association, Inc. et al v. City of Miami, 32 Fla. L. Weekly D2538a (Fla. 3d DCA October 24, 2007), again involves small scale FLUM amendments adopted by the City of Miami. Here, the challenge to the amendment went to the ALJ, who found that the petitioners where collaterally estopped by the ALJ’s rulings in the related cases. Given that the 3d DCA reversed the other cases, it overturned the ALJ on that issue and remanded the matter for action consistent with its other rulings.

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