Examining the Current State of Post-Comprehensive Plan Land-Use Decision Making in Florida: A Property Owner's Guide to the Local Government Comprehensive Planning and Land Development Regulation Act

Authors

John E. Fennelly, Nineteenth Judicial Circuit of Florida

First Page

1

Document Type

Article

Abstract

Understanding the landscape of Florida's land use law is becoming increasingly difficult. In two recent companion cases decided by the Florida Supreme Court, judicial review under the Local Government Comprehensive Planning and Land Development Regulation Act clashes with the Act and its stated intent, placing further uncertainty upon the shifting terrain which already existed. This article analyzes Board of County Commissioners of Brevard County v. Snyder (Snyder R1), and Parker v. Leon County (Parker III), and argues that more confusion is generated by these decisions than is resolved. Snyder II represents the court's grappling for a resolution of the district courts diverse decisions concerning the proper standard of review for zoning and other post-plan land use decisions under the Act. The result of this decision is a standard that is vague and nearly impossible to apply. Parker (Parker ll) finds the court interpreting the remedy provisions of the Act. However, in so doing the court has disregarded commonly understood notions of standing created under both administrative and common law models. As a result, heavy land use fire fights will continue to light up Florida's legal landscape for the foreseeable future. Uncertainty will continue to plague both land owners and local governments.

Recommended Citation

John E. Fennelly, Examining the Current State of Post-Comprehensive Plan Land-Use Decision Making in Florida: A Property Owner's Guide to the Local Government Comprehensive Planning and Land Development Regulation Act, 7 St. Thomas L. Rev. 1 (1994).
Available at: https://scholarship.stu.edu/stlr/vol7/iss1/2