In the frankly astounding case of Village of Pinecrest v. GREC Pinecrest, the 3d DCA upheld a lower court decision that reversed the Village's denial of a plan amendment, rezoning and site plan approval. The amendment and development orders would have permitted an 18 unit housing project.
In discovery, the Village admitted that the Plan Amendment - and the project - were consistent with the comprehensive plan. Apparently the project required a future land use map amendment that brought the map into consistency with other policies, and the project was totally consistent with the other policies an map.
The Village, in effect, claimed that it had complete legislative discretion to deny the FLUM amendment and therefore the development orders even if they were otherwise consistent with the Plan. The circuit court disagreed and the 3d DCA upheld the circuit court.
This is a MUST READ. The facts may end up unique, but the case is the first case that establishes a critical proposition: that local governments may be obligated to adopt amendments and development orders that are consistent with their Plans.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Bảy, 15 tháng 1, 2011
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Hi kids, the heat is on and the bunker denizens are leading the way with their official 3d DCA summer pickle ball league -- judicial gentle...
-
Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "econo...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea: In response, Plaintiff argues, in...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
Không có nhận xét nào:
Đăng nhận xét