STEPHEN B. IRVINE, PETITIONER,
v.
DUVAL COUNTY PLANNING COMMISSION, ET AL., RESPONDENTS
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SHAW, Justice.
We review Irvine v. Duval County Planning Commission, 466 So. 2d 357 (Fla. 1st DCA 1985), because of direct and express conflict with Rural New Town, Inc. v. Palm Beach County, 315 So. 2d 478 (Fla. 4th DCA 1975). Art. V, § 3(b)(3), Fla. Const. The facts and issues of law are comprehensively set forth in the majority and dissenting opinions below. On the facts and circumstances of the case, we agree with Judge Zehmer (dissenting) that once the petitioner met the initial burden of showing that his application met the statutory criteria for granting such exceptions, “the burden was upon the Planning Commission to demonstrate, by competent substantial evidence presented at the hearing and made a part of the record, that the [special] exception requested by petitioner did not meet such standards and was, in fact, adverse to the public interest.” Irvine, 466 So. 2d at 364. In our view, the Planning Commission failed to carry its burden. We quash the decision below and remand for further proceedings consistent with this opinion.
It is so ordered.
MCDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and BARKETT, JJ., concur.
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Broward Cnty. v. G.B.V. Int'l, Ltd., 787 So. 2d 838 (Fla. 2001)…perly. II. THE APPLICABLE LAW A decision granting or denying a site plan or plat application is governed by local regulations, which must be uniformly administered. The allocation of burdens expressed in Irvine v. Duval County Planning Commission, 495 So. 2d 167 (Fla.1986), is applicable to such proceedings: [O]nce the petitioner met the initial burden of showing that his application met the statutory criteria for granting such [applications], “the burden was upon the Planning Commission to demonstrate, by…
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Fla. Power & Light Co. v. City OF Dania, 761 So. 2d 1089 (Fla. 2000)…the burden shifts to the City Commission to demonstrate by competent substantial evidence that the special exception requested did not meet such standards and was, in fact, adverse to the public interest. Irvine v. Duval County Planning Commission, 495 So. 2d 167 (Fla.1986). This Court finds that Florida Power & Light Company met its burden of showing that its proposed use satisfied the statutory criteria for the granting of a special exception. The burden then shifted to the [homeowners] to show by competen…1 / 2
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Dusseau v. Metro. Dade Cnty. Bd. OF Cnty. Comm'rs, 794 So. 2d 1270 (Fla. 2001)…dressed this issue in Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089 (Fla.2000), wherein the Court set forth the applicable law governing an application for a special exception: This Court in Irvine v. Duval County Planning Commission, 495 So. 2d 167 (Fla.1986), delineated the allocation of burdens in a special exception proceeding: [Ojnce the petitioner met the initial burden of showing that his application met the statutory criteria for granting such exceptions, “the burden was upon the [oppo…1 / 2
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- Rural NEW Town, Inc. v. Palm Beach Cnty., 315 So. 2d 478 (Fla. 4th DCA 1975)
- Irvine v. Duval Cnty. Planning Comm'n & the City Of Jacksonville, 466 So. 2d 357 (Fla. 1st DCA 1985)