SUMTER CITIZENS AGAINST, ETC., ET AL., APPELLANTS,
v.
DEPARTMENT OF COMMUNITY AFFAIRS, ET AL, APPELLEES
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Sumter Citizens Against Irresponsible Development (SCAID) challenged Sumter County's amendment to its Future Land Use map redesignating 4,677 acres from Agricultural to Planned Unit Development. The Florida Department of Community Affairs upheld the county's decision, and the court affirmed, finding competent evidence supported the findings and the county's interpretation of its Comprehensive Plan was entitled to deference.
The Department's final order rejecting SCAID's challenge was affirmed. The court found competent evidence supported the factual findings and determined that the county's and Department's interpretation of the Comprehensive Plan provisions was not erroneous and entitled to deference, particularly regarding whether 88.9% meets the requirement of 'approximately 90%' compliance. The court did not reach the standing issue, finding any error on that point would be harmless.
[1] A court will defer to the interpretation of a comprehensive plan by a county and the state department charged with its oversight when the interpretation is reasonable and…
[2] A land use amendment designating agricultural land as Planned Unit Development is permissible without first changing the designation to residential with an expansion of t…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“There was competent evidence to support the factual findings underlying the final order and we are unable to say that the interpretation by the Department and Sumter County of the provisions of the County's Comprehensive Plan is erroneous.”
Establishes the deferential standard of review applied to the agency's interpretation of the comprehensive plan and the sufficiency of evidence supporting the decision.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSumter County amended its Future Land Use map to redesignate 4,677 acres of land from Agricultural use to Planned Unit Development (PUD). SCAID, a gra…
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GRIFFIN, J.
This is the appeal of a final order of the Florida Department of Community Affairs [“Department”] rejecting a challenge to the decision of Sumter County to amend its Future Land Use map to designate 4,677 acres of land from Agricultural to Planned Unit Development [“PUD”]. Appellants are “Sumter Citizens Against Irresponsible Development” [“SCAID”], a self-styled “grassroots organization,” and several individuals.
Five issues in dispute below were: whether SCAID had standing to challenge the Plan Amendment; whether the Plan Amendment was in compliance with Policy 4.6.1.1, the “90% Rule”; whether the Plan Amendment improperly converted the subject 4,677 acres from an Agricultural land use designation to a PUD, without first changing the designation to Residential with an expansion of the Urban Expansion Area; whether the Plan Amendment provided residential units in excess of demonstrated need; and, whether the Plan Amendment would result in urban sprawl.
As to the substantive issues presented on appeal, we affirm. There was competent evidence to support the factual findings underlying the final order and we are unable to say that the interpretation by the Department and Sumter County of the provisions of the County’s Comprehensive Plan is erroneous. The question whether 88.9% meets the Comprehensive Plan’s requirement that “approximately 90%” of the land area be maintained in land uses such as agricultural, conservation and open spaces is, we conclude, a matter where the County and the Department’s interpretation is entitled to deference. We do not reach the standing issue because any error on the part of the hearing officer in this case finding a lack of standing for SCAID would be harmless.
AFFIRMED.
SAWAYA and PLEUS, JJ., concur.