CITY OF TAMARAC, FLORIDA
v.
13TH FLOOR WOODLANDS HB GP, LLC
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A local government must follow its own procedural requirements for comprehensive plan amendments even though state law treats such amendments as legislative decisions subject to the fairly debatable standard of review.
[1] A city commission's announcement to hold a legislative hearing on a comprehensive land use plan amendment, contrary to its own code requiring a quasi-judicial hearing, ma…
[2] A local government's action, even if subject to the fairly debatable standard of review for legislative decisions, must still comply with statutory procedures and local o…
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Join FLexlaw to unlock all legal intelligence“local government action still must be in accord with the procedures required by chapter 163, part II, Florida Statutes, and local ordinances”
The court cited this language from Martin County v. Yusem to support the requirement that municipalities follow their own procedural requirements despite the legislative character of comprehensive plan amendments.
The City of Tamarac announced it would hold a legislative hearing on appellee's application for a comprehensive land use plan amendment, despite city …
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM. Affirmed. CIKLIN and GERBER, JJ., concur. WARNER, J. concurs specially with opinion. WARNER, J., concurring specially with opinion. This is an appeal from a temporary injunction entered by the trial court. The injunction prevents the City of Tamarac from conducting a second hearing on appellee’s application for a comprehensive land use plan amendment until the resolution of appellee’s claim that the hearing should be quasi-judicial rather than legislative. City code requires the hearing to be a quasi-judicial hearing, but the city commission announced that it would instead hold a legislative hearing.
2
In opposing the quasi-judicial hearing, the city relied on Martin County v. Yusem, 690 So. 2d 1288 (Fla. 1997), which held that “all comprehensive plan amendments are legislative decisions subject to the fairly debatable standard of review.” Id. at 1295. That holding applies to the standard of review in a circuit court action to review a comprehensive land use decision. The Yusem court noted, “we do point out that even with the deferential review of legislative action afforded by the fairly debatable rule, local government action still must be in accord with the procedures required by chapter 163, part II, Florida Statutes, and local ordinances.” Id. (emphasis supplied). Thus, I concur in the affirmance as I conclude that the trial court did not err in finding that appellee had a substantial likelihood of success in proving that it is entitled to the quasi-judicial hearing provided by the city code.
* * * Not final until disposition of timely filed motion for rehearing.