New Precedent May Affect DRIs
- United States
- 08/05/2008
On July 29, the Governor and Cabinet sitting as the Florida Land and Water Adjudicatory Commission (FLAWAC) unanimously overruled a local government’s denial of a notice of proposed change (NOPC) that requested permission to develop in an area that had been set aside for a bald eagle protection zone. Despite a full hearing before the local government, FLAWAC ruled that the developer was entitled to a de novo hearing before the Administrative Law Judge (ALJ) and that the City’s decision in that forum was not entitled to a presumption of validity. After hearing the same evidence that the local government heard and rejected, the ALJ found in favor of the developer on the factual issues and FLAWAC was thereafter bound to accept the findings of fact because they were supported by the record before the ALJ.
This case sets a new precedent favorable to existing DRIs that are interested in making changes to conditions in their development orders. In the face of local opposition that might result in a denial by the local government, the developer can appeal to FLAWAC and make a favorable record before an ALJ who is less likely to be influenced by local sentiment or priorities. For additional information on how this case might affect your DRI, please contact Linda Shelley in our Tallahassee office or Andrea Zelman in our Tampa office.
