Conservancy of Southwest Florida, Inc. v. Collier County & Collier Enterprises Management, Inc.
The Conservancy challenged Collier County's approval of the Rivergrass Village development as inconsistent with the county's Growth Management Plan under section 163.3215, Florida Statutes. The Second DCA reaffirmed Heine v. Lee County, holding that a private consistency challenge is limited to claims that the development order materially alters use, density, or intensity of use inconsistently with the comprehensive plan, but reversed the partial summary judgment because the traffic-capacity and fiscal-neutrality claims fell within the statutory definition of 'intensity' (demand on facilities and services) and presented disputed material facts. The court expressly certified conflict with the First District's broader reading in Imhof v. Walton County.
Key facts
- The Conservancy challenged Collier County's approval of the Rivergrass Village development as inconsistent with the county's Growth Management Plan under Florida Statutes section 163.3215.
- The trial court granted partial summary judgment against the Conservancy on claims that the development order violated comprehensive plan policies regarding road capacity, infrastructure adequacy, and fiscal neutrality.
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Why it matters
This is a significant land use and statutory-interpretation decision that deepens an acknowledged district conflict over the scope of private comprehensive plan consistency challenges under section 163.3215(3), making… — full analysis with a trial
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