This article is for lawyers who help clients with local government development approvals or objections. The article emphasizes the importance of being prepared and understanding the local government’s standards and processes before filing an application. It also highlights the need to review staff and consultant work to ensure compliance with legal requirements. The goal is to prevent errors that could harm the client in the long run. When working with local government on land use approvals, it’s important to be ethical, credible, and have integrity. It’s also important to know the rules for the two types of land use approval proceedings: quasi-legislative and quasi-judicial. Quasi-legislative decisions deal with policy-making, while quasi-judicial decisions involve specific development applications. The type of proceeding affects the process an applicant is due, the local government’s discretion in approving or denying the request, and the method for appealing a decision. It’s important to know if a decision is quasi-judicial or quasi-legislative because the process and rights involved are different. In quasi-judicial hearings, there are more rights for the parties involved, like being able to cross-examine witnesses and present evidence. In contrast, quasi-legislative hearings require less process and have fewer rights for the parties involved. When it comes to challenging these decisions, quasi-legislative decisions have broad discretion and only need to be “fairly debatable,” while quasi-judicial decisions have more specific criteria to meet. It’s also important to avoid contacting the decision-makers before a quasi-judicial hearing, as this could be seen as unfair. When a developer wants to change a property’s zoning, they have to show that it follows the local government’s plan. If they do, the government has to prove that keeping the current zoning is the right choice. The developer has to provide evidence to support their application. If the government misses something, the developer has to make sure it’s included or risk a legal challenge. If someone wants to challenge a development order, they have to have evidence to back up their claims. And if they don’t bring up an issue before the local government, they can’t talk about it later. When preparing for a hearing with a local board, it’s important to gather evidence and make sure it’s entered into the official record. This evidence will be crucial if there’s an appeal later on. During the hearing, it’s important to address whether the proposed development follows the rules and plans for the area. Any objections to the process or the rules should also be brought up during the hearing, or they might not be considered in the appeal. It’s also important to make sure that any evidence against your case is not strong enough. This might involve asking tough questions to the people who disagree with you. Even though this can be uncomfortable, it’s necessary if you want to have a chance of winning an appeal later. However, it’s also important to remember that the local government isn’t like a regular courtroom, so it’s best to be respectful and not too aggressive. If someone wants to challenge a development order, they have to show they have a valid reason to do so. This means proving that they have been personally affected in a unique way, different from the impact on the community as a whole. If they are part of a special interest group, they also have to show that a lot of people in the group are affected. The challenge has to be made in writing and filed with the local clerk. If someone wants to appeal the decision, they can go to circuit court and file a petition for writ of certiorari or a declaratory judgment action, depending on how the local tribunal made their decision. If you disagree with a decision made by your local government about land use, there are specific ways to appeal it. If the decision is based on following the rules, you can appeal by filing a petition for writ of certiorari. If it’s about following or not following the local plan, you can challenge it by filing a declaratory judgment action. If there are multiple issues to appeal, you may have to file both types of appeals. Claims about the fairness of a local law or about your rights to use your property may not be appealable using the usual method. You also have to file your appeal within 30 days of the decision being made.
If you’re a lawyer, you should look at the local rules for appealing land use decisions, because there may be other ways to appeal that are cheaper and easier to use. If you have to go to circuit court, remember that filing a complaint or a petition for writ of certiorari takes a lot more time and preparation than filing a notice of appeal. Writ petitions are like opening appellate briefs, so they need to include evidence from the record, cases, and arguments showing a violation of procedural due process or a decision that doesn’t have enough evidence to support it. So, preparing the petition takes a lot of time. Complaining under F.S. §163.3215 is not as involved as writ petitions, but it still needs to identify all the inconsistencies between the land use decision and the local comprehensive plan. Either way, you need to give yourself enough time to get everything ready. Under Florida law, local land use decisions can be appealed to the circuit court. The court will review the decision to see if it followed the proper procedures, complied with the law, and was based on enough evidence. If a petition for appeal doesn’t show a preliminary basis for relief, it can be dismissed.
Cases brought under a specific Florida law are reviewed more strictly. The circuit court will look at whether the development order complies exactly with the local government’s comprehensive plan. These cases are more involved and can include discovery and a full trial.
Petitions for writ of certiorari are like appeals and follow the rules of appellate procedure. They are usually resolved after a hearing before a circuit court judge. In a writ of certiorari proceeding, the circuit court can only send the case back to the lower court for another look. But under F.S. §163.3215, lawsuits can seek broader remedies, like stopping a project that goes against the local plan. This means the court can order things like stopping construction or taking down buildings that were put up illegally. This should make developers think twice about going through with a project if it might not follow the rules. Navigating local land use approvals can be difficult. It’s important to understand the local development process and legal rules to help clients. Knowing the local government’s land development code and comprehensive plan is crucial. It’s also important to gather evidence to support your position. Different types of approvals, like building permits, have different processes. It’s important to know if a decision is quasi-judicial or quasi-legislative, as this affects the legal rules that apply. Some common quasi-legislative decisions in land use are amendments to comprehensive plans and general zonings. Additionally, there are specific rules for reviewing comprehensive plan amendments. This is a list of court cases in Florida that deal with development orders and approvals for things like rezoning, site plans, and variances. The cases discuss the standards and procedures that need to be followed in these types of approval processes. They also mention the importance of procedural due process and the laws that govern these types of hearings. The Miami-Dade County Board of County Commissioners made inappropriate comments during a hearing, but the court said they were allowed to do that because the person affected didn’t object at the time. If someone thinks a development order doesn’t follow the rules, they can ask for a declaratory judgment. The rules for this are not as strict as other types of legal challenges. Standing (the right to bring a lawsuit) doesn’t always have to be proven before a local government. Different laws apply to different parts of Florida, and they can affect what someone can do if they think a development order is unfair. If a county makes changes to its comprehensive plan, there are special rules for appealing those changes. The level of review depends on the scale of the changes and whether the state department found them in compliance. If the changes are denied, the appeal goes to circuit court. The level of review in that case is “fairly debatable.” The process for making an appeal has specific rules and must be carefully prepared. The court will closely examine the changes to see if they follow the rules. In a court case in Florida, it was decided that certain rules for legal proceedings should be followed.
Source: https://www.floridabar.org/the-florida-bar-journal/abcs-of-local-land-use-and-zoning-decisions/
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