Monday, July 06, 2009

3d DCA Finds Reverse Spot Zoning to Maintain Stormwater Benefits to Neighbors Violates Essential Requirements of Law

Richard Road Estates v. Miami Dade County Bd of County Commr’s,2 So.3d 1117 (Fla. 3d DCA 2009)

Ok, the 3d DCA continues to confound. Here, a panel of the Court, with Judge Schwartz writing the opinion, overturned the County Commission’s denial of a rezoning from an ag zone district (one per 5 acres) to an estate district (one per acre). The Court found that not only was there “reverse spot zoning” because all the surrounding property was zoned estate, but also found that the record established that the rezoning was denied because the property has, over time, been used by the surround properties as the dumping ground for their stormwater runoff.
The court finds that is an unconstitutional and improper basis to deny a rezoning, and that the circuit court’s acceptance of that rationale resulted in a miscarriage of justice. Probably the best quote in the opinion is one that too many courts should consider. It’s buried in a footnote: “it may be observed that in this case, as probably in every case, what seems (because it is) unfair also turns out to be wrong.”

1 comment:

  1. Dawn Konikowski9:50 PM

    thank you for your posts. You have helped me locate info I would have never found. We have a city planning staff that is either ignorant or corrupt. Does not get the fact that all zoning decisions must to be consistent with comp plan.
    Now they are trying to change zoning of entire city (entire zoning chapter)without indicating by strike out and italics, just what they are changing. If I hadn't been at November public hearing the new zoning would have already passed.
    The info you wrote on sometimes ownership defines use is exactly one of the situations here. Pirvate developments received permits for PARKS on our beach, which under the definition must be open for public use. Yet these developments are operating them as private commercial clubs which are not permitted under zoning or comp plan residential category. When I brought this to City's attention, they proceeded to try and change zoning.Whole island is suburban single family or medium density multi-family and where these clubs are located they are changeing zoning to general commercial on a barrier island in a coastal high hazard zone. Go figure! I just wanted to thank you.