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.
Robert
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
I don't know, I feel like we're getting a little Frank Jimenez chronic here, and yet more news keeps breaking. Now it's this , i...
-
stucomplaint I'm still on a high from last night's Bar thingy, so...
-
11th Circuit, 11th Schmircuit, that's what I always say. And I see I'm not alone. On Friday in the closely-watched Checking Overdraf...
-
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...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Here is the Senate Judiciary Committee agenda (there was a live webcast too). From a well-placed source: He finished – no hard questions- ...
-
In the very long saga of Fort Lauderdale attorney Robert Ingham 's doomed representation of MCS against Essent Healthcare, Judge Seitz ...
-
Hi folks, lots of fun stories floating around today. First, as anyone working at a big firm knows, conflicts checks are a real hassle. Just ...
-
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...
Không có nhận xét nào:
Đăng nhận xét