The 4th DCA issued a recent opinion that again strengthens the rule that local procedures cannot be used to deprive a person of due process and the protection of interests in a fair hearing that has effective judicial review.
In this case that involved a dismissed firefighter's attempt to get a review, the 4th held that the firefighter could attack the decision in a declaratory action where his request for a grievance (that would result in a reviewable arbitration decision) wasn't acted on by the Union and the City took the position that if he requested a grievance he couldn't demand a hearing before the Civil Service Board. The court's point: you can properly give a person a choice of remedies, but you can't deprive them of the right to a due process-protected procedure by how that choice is implemented.
Applicability to local land use law? How about the fact that most land development regulations today provide for an administrative appeal process for a landowner/developer who is denied a building permit, clearing permit, variance or similar process, but not aggrieved or affected neighbors. If the neighbors can meet the 'special damages' tests, they get to go to circuit court for a remedy because their interests are involved and the local government can't determine their rights by who they do and don't provide standing to enter the administrative review process.
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
-
You would think after forty-seven thousand gazillion years of jurisprudence, litigators would be savvy enough to not argue the same re...
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
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...
-
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...
-
The Second District Court of Appeal ruled yesterday in Payne v. Payne , a case in which the parties sought dissolution of a seventeen year m...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
In Atlantic Shores v. 507 South Street Corporation, here's the link , the court held that an objecting neighbor could not litigate a hei...
-
Tallahassee Police Department Cyber Crimes Unit tallahassee.com - www.tallahassee.com "Hard drive duplication is one of the first and m...
-
In Powell v. City of Sarasota, here's the link, http://www.2dca.org/opinion/September%2013,%202006/2D05-4850.pdf , the Second DCA held t...
-
"ANKARA, Turkey -- On Aug. 16, 2005, a CNN television news bulletin alerted viewers that computers at the network's New York and At...
Không có nhận xét nào:
Đăng nhận xét