FLORIDA KEY CITIZENS COALITION, INC., AND LAST STAND, INC., APPELLANTS,
v.
FLORIDA ADMINISTRATION COMMISSION, AND MONROE COUNTY, AND DEPARTMENT OF COMMUNITY AFFAIRS, APPELLEES
Explore caselaw by topic → Browse Arbitrary And Capricious Standard Of Review cases and more on FLexlaw
PER CURIAM.
Florida Keys Citizens Coalition, Inc., and Last Stand, Inc., (collectively “petitioners”), appeal the Administrative Law Judge’s, (“ALJ”), order rejecting a challenge to proposed rules amending comprehensive plans and land development regulations. Petitioners contend that the proposed rules are invalid exercises of delegated legislative authority. We disagree and affirm.
The ALJ properly conducted a de novo review of the petitioners’ challenge to the proposed rules. We find that a preponderance of evidence supported the ALJ’s findings that the proposed rules were valid exercises of legislative authority and not arbitrary and capricious. See Dep’t of Health v. Merritt, 919 So. 2d 561 (Fla. 1st DCA 2006); Chanty v. Fla. State. Univ., 680 So. 2d 463 (Fla. 1st DCA 1996); Dep’t of Natural Res. v. Sailfish Club of Fla., Inc., 473 So. 2d 261, 264 (Fla. 1st DCA 1985). Accordingly, we affirm the ALJ’s final order. Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Washington v. State, 994 So. 2d 1176 (Fla. 3d DCA 2008)…s of the record conclusively refuting Washington’s remaining claims. See Fla. R. App. P. 9.141(b)(2)(D) (requiring reversal by this Court unless the record shows conclusively that the defendant is entitled to no relief); see also Torrealba v. State, 947 So. 2d 493, 495 (Fla. 3d DCA 2006) (finding that both trial and appellate courts can consider portions of the record attached to the State’s trial court response). Affirmed in part, reversed in part, and remanded for further proceedings.…
Authorities Cited
- Dep't OF Health v. Merritt, 919 So. 2d 561 (Fla. 1st DCA 2006)
- Dep't OF Natural Res. v. Sailfish Club OF Fla., Inc., 473 So. 2d 261 (Fla. 1st DCA 1985)
- Zerby v. State, 680 So. 2d 463 (Fla. 2d DCA 1996)
- Charity v. The Fla. State Univ., 680 So. 2d 463 (Fla. 1st DCA 1996)