Hillsborough County v. Dibbs
The Second DCA granted second-tier certiorari and quashed a circuit court order that had reversed the Hillsborough County Board of County Commissioners' denial of a rezoning application to a Planned Development. The circuit court had applied Land Development Code provisions governing special-use community residential homes rather than the PD provisions, and had relied on staff and hearing officer recommendations favoring approval instead of searching the record for competent substantial evidence supporting the Board's denial.
Key facts
- Hillsborough County Board of County Commissioners denied an application to rezone property to a Planned Development, and the applicant Dibbs sought circuit court review.
- The circuit court reversed the Board's denial by applying Land Development Code provisions for community residential homes as special uses and relying on staff and hearing officer recommendations favoring approval.
- +2 more key facts with a free trial
Why it matters
A useful decision for local-government and land-use practitioners defending quasi-judicial zoning denials: it reinforces that a circuit court sitting in its appellate capacity cannot lean on favorable staff or… — full analysis with a trial
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