PALM SPRINGS GENERAL HOSPITAL, INC., PETITIONER,
v.
CITY OF HIALEAH GARDENS, FLORIDA, RESPONDENT
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PER CURIAM.
The effect of our denial of petition for writ of certiorari is to leave standing the determination of the circuit court, appellate division, that the denial or granting of a “small-scale development amendment” to a comprehensive land use plan, pursuant to section 163.3187(l)(c), Florida Statutes (Supp.1996), is a legislative function not subject to certiorari review, but is subject to a de novo action in the circuit court. As the same issue has been certified to the Florida Supreme Court, see City of Jacksonville Beach v. Coastal Development of North Florida, Inc., 730 So. 2d 792 (Fla. 1st DCA 1999), and Fleeman v. City of St. Augustine Beach, 728 So. 2d 1178 (Fla. 5th DCA 1998), rehearing is granted to the extent that we certify the following question to the Florida Supreme Court as one of great public importance:
ARE DECISIONS REGARDING SMALL-SCALE DEVELOPMENT AMENDMENTS PURSUANT TO SECTION 163.3187(l)(c), FLORIDA STATUTES, LEGISLATIVE IN NATURE AND, THEREFORE, SUBJECT TO THE FAIRLY DEBATABLE STANDARD OF REVIEW; OR QUASI-JUDICIAL, AND SUBJECT TO STRICT SCRUTINY?-
Question certified.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coastal Dev. OF N. Fla., Inc. v. City OF Jacksonville Beach, 788 So. 2d 204 (Fla. 2001)…. See § 163.3177(2), Fla. Stat. (Supp.1996). . See Minnaugh v. County Comm’n of Broward County, 752 So. 2d 1263 (Fla. 4th DCA 2000), review granted, No. SC00-875, 773 So. 2d 56 (Fla.2000); Palm Springs Gen. Hosp., Inc. v. City of Hialeah Gardens, 740 So. 2d 596 (Fla. 3d DCA 1999); City of Jacksonville Beach v. Coastal Dev. of North Florida, Inc., 730 So. 2d 792 (Fla. 1st DCA 1999); Fleeman v. City of St. Augustine Beach, 728 So. 2d 1178 (Fla. 5th DCA 1998). . Section 163.3187(3)(a) confers standing in the…
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Minnaugh v. Cnty. Comm'n OF Broward Cnty., 752 So. 2d 1263 (Fla. 4th DCA 2000)…action on a small-scale development amendment is a legislative, policy setting function, and is, thus,, subject to the same limited judicial review applicable to all comprehensive plans. See Palm Springs Gen. Hosp., Inc. v. City of Hialeah Gardens, 740 So. 2d 596 (Fla. 3d DCA 1999); City of Jacksonville Beach v. Coastal Dev. of N. Florida, Inc., 730 So. 2d 792 (Fla. 1st DCA 1999), rev. granted, 744 So. 2d 453 (Fla.1999); Fleeman v. City of St. Augustine Beach, 728 So. 2d 1178 (Fla. 5th DCA 1998). Petitioner…1 / 2
Authorities Cited
- City OF Jacksonville Beach v. Coastal Dev. OF N. Fla., Inc., 730 So. 2d 792 (Fla. 1st DCA 1999)
- Fleeman v. City OF ST. Augustine Beach, 728 So. 2d 1178 (Fla. 5th DCA 1998)