FLUEDRA Flashcards
For what kind of O?
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What does the O include & where excluded elsewhere?
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What must LG provide upon FLUEDRA request?
FLUEDRA ----------- O believes unfairly burdened. --- Includes Govt, excluded from BH --- O has 30 days to request + LG has 10 days to give to special master.
What O can use FLUEDRA?
An O who believes dev order unfairly burdens use of his property. INCLUDES GOVT (who is barred from Harris).
How many days does O have to assert?
O has 30 days to request relief.
How many days for LG to act on O’s request for a FLUEDRA hearing?
LG has 10 days to assign to special magistrate
LG must notify contiguous Os & any witnesses from PH.
How many days do interested persons have to request to participate?
21 days to request to participate.
How many days does special magistrate have to hold hearing?
45 days for a hearing.
40 day advance notice given. WEIRD #
How many days notice is required before FLUEDRA hearing?
40 day advance notice given. WEIRD #
How many days does special magistrate have to render his recommendation?
14 days.
FLUEDRA ----------- How many days does LG have to respond to: O's claim w/ spec mag? Spec mag's recommendation?
FLUEDRA ----------- 15 days 45 days [if accept/mod has 30 days to write up] ----------- fluedra in a box:
30 [ask] 10 [give] 15 [tell + answ] --- 45 [not] 45 [hrg] 14 [dec] 15 [tell] --- 45 [resp] 30 [writeup]
What options does LG have in responding to special magistrate’s recommendation?
FLUEDRA ----------- Accept. Accept in part. Reject.
After LG accepts/partial/rejects special magistrate’s recommendation, who has next move?
O must notify wh/ it agrees w/ LG’s response to special magistrate’s recommendation.
If O rejects LG’s response to special magistrate’s recommendation, who has next move?
LG has 45 days to state its response.
If reject, has 30 days to write specific permissible uses of property.
Who is a “participant”?
FLUEDRA
1) Property owner contiguous to O or
2) Any substantially affected person who spoke up (sworn or unsworn) at PH.
Must O exhaust all administrative appeals?
Exhaust all nonjudicial local LG administrative appeals if the appeals take no longer than 4 months.
Can O request FLUEDRA with pending administrative appeal?
HOW DOES THIS TIE INTO REQUIREMENT THAT O REQUEST FLUEDRA W/I 30 DAYS?
Yes.
If dev. order final + administrative appeals exhausted, or
If dev. order final for 4 months + O is in an appeal,
O may initiate FLUEDRA.
What is FLUEDRA special magistrate’s role?
To facilitate or mediate resolution.
When can special magistrate suggest alternatives to LG?
FLUEDRA
1) If found LG’s action unreasonable or unfairly burdens
2) With O’s permission.
How many days can a FLUEDRA proceeding take?
165 days (can extend by agreement).
Are FLUEDRA documents public records?
YES - special magistrate’s recommendation.
NO - participants statements/actions.
Why are participants’ statements/actions before special magistrate NOT public records?
Statute deems them evidence of an offer to compromise or settle.
YET - Statute also says PH MUST BE PUBLIC & informal.
Can O try FLUEDRA after O initiated lawsuit?
No. Once file in court, waive FLUEDRA.
Is FLUEDRA an administrative appeal that has to be exhausted prior to filing suit?
No.
Can a government be an O under FLUEDRA?
Yes.
Contrast w/ Harris = no.
What is included in an ‘enforcement action’ under FLUEDRA?
Quite broad. Includes Code Enforcement.
Does not include CP.
