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Article: Snyder house rules? The new deference in the review of quasi-judicial decisions.(Florida)
- Article from:
- Florida Bar Journal
- Article date:
- November 1, 2000
- Author:
CopyrightCOPYRIGHT 2000 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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When the Florida Supreme Court issued its opinion in Board of County Commissioners of Brevard v. Snyder, 627 So. 2d 469 (Fla. 1993), landowners and developers cheered the decision as a victory for applicants seeking zoning changes from local governments.(1) Rezonings, the Florida Supreme Court ruled, were not legislative decisions entitled to deferential review under the "fairly debatable" standard.(2) Rather, rezonings are "quasi-judicial" decisions, which need not be given such deference and must be supported by competent and substantial evidence.(3) Local governments complained that the decision in Snyder placed too heavy a burden on zoning boards and commissions(4) ...