BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
KEY LARGO ASSOCIATES, LTD., A FLORIDA CORPORATION, APPELLEE
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Monroe County challenged a circuit court's reversal of the county's denial of a conditional use permit requested by Key Largo Associates. The appellate court denied the county's certiorari application, finding the lower court properly applied the Irvine standard requiring competent substantial evidence that a proposed conditional use is adverse to the public interest.
The circuit court properly reversed the denial of the conditional use permit under the Irvine standard. The appellate court affirmed the circuit court's decision, finding it was entered in accordance with procedural due process and represented an appropriate application of the principles established in Irvine v. Duval Planning Commission.
[1] A county must demonstrate by competent substantial evidence that a proposed conditional use is adverse to the public interest before denying it.
[2] An appellate court's review of a circuit court's decision on a zoning matter is limited to whether the circuit court followed procedural due process and correctly applied…
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Join FLexlaw to unlock all legal intelligence“the county had failed to demonstrate by "competent substantial evidence that the petitioner's proposed conditional use is adverse to the public interest."”
Establishes the legal standard from Irvine that requires local government to prove by competent substantial evidence that a conditional use is adverse to public interest in order to deny it
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Join FLexlaw to unlock all legal intelligenceKey Largo Associates, Ltd. sought a conditional use permit from Monroe County. The county denied the conditional use permit. The circuit court, in its…
The full statement of facts, procedural history, and disposition for this case are member content.
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SCHWARTZ, Chief Judge.
Monroe County seeks review of a judgment of the Circuit Court, sitting in its appellate capacity, which, expressly applying the principles in Irvine v. Duval Planning Comm’n, 495 So. 2d 167 (Fla.1986), reversed the denial of a conditional use proposed by Key Largo Associates, Ltd.
The lower court specifically found that the county had failed to demonstrate by “competent substantial evidence that the petitioner’s proposed conditional use is adverse to the public interest.” See Irvine v. Duval, 495 So. 2d at 167. We treat this appeal as an application for certiorari to review this decision. See City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982).
Upon the finding that the order below was entered in accordance with the demands of procedural due process and that it represents an appropriate application of the principles of law stated in Irvine, the application is denied. As is demonstrated by Education Dev. Center, Inc. v. City of West Palm Beach Zoning Board of Appeals, 541 So. 2d 106 (Fla.1989), which involves a very similar factual and legal situation, we have no authority to review or reverse the circuit court’s ruling on any other basis. Vaillant, 419 So. 2d at 624; Manatee County v. Kuehnel, 542 So. 2d 1356 (Fla. 2d DCA 1989), review denied, 548 So. 2d 663 (Fla.1989).
As the parties both recognize, this ruling makes it unnecessary to consider Key Largo’s separate appeal from a final judgment declaring, contrary to its position, that the Monroe County Code provisions for the determination of the right to a conditional use are constitutional. Accordingly, and specifically without passing upon the correctness of the judgment, that appeal, case no. 90-168, is dismissed as moot.
Certiorari denied, appeal dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Educ. Dev. Ctr., Inc. v. City OF W. Palm Beach Zoning Bd. OF Appeals, 541 So. 2d 106 (Fla. 1989)
- State v. Green, 541 So. 2d 106 (Fla. 1989)
- Irvine v. Duval Cnty. Planning Comm'n, 495 So. 2d 167 (Fla. 1986)
- Manatee Cnty. v. Kuehnel, 542 So. 2d 1356 (Fla. 2d DCA 1989)