Q-J v. Legis refreshed Flashcards
How appeal a Legis act? How?
Circuit, de novo dec action.
If CP - Local Process option.
How appeal a Q-J act? How?
Circuit, writ of cert
Legislative Review, B of P
BoP: Owner to show LG act is arbitrary + capricious
Loses if:
1) LG act fairly debatable or
2) Rationally related to a legit public purpose.
Type: De novo dec hearing
For: Injunctive or declaratory relief
Q-J Review, B of P
Q-J ----------- Writ of Cert. Ct looks for 1. Pro [SCONE], 2. Correct, & 3. Comp Subst.
What are some categories of legislative acts?
LEGIS ----------- CP + amends Small Scale amendments Initial zoning Re-zoning if impacts large OR requires change in CP
What are 6 categories of Q-J acts?
Q-J
1) Zoning; Overlay Zoning; Re-Z if impacts small
2) Annexations
3) Special exceptions, permits, variances, vested rts hrg,
4) Code enforcement
5) Subdivision plats
6) Business licenses
Procedural Due Process - Legislative
LEGIS ----------- Legis says "NO!" ----------- Notice of Hearing Opportunity to be heard.
State the 5 items of Procedural Due Process that must be met in QJ?
Is it the same for Spec Mag?
Q wants a SCONE.
1) Submit evidence.
2) Cross examine,
3) Opportunity to be heard.
4) Notice of hearing.
5) no Ex parte.
MAG Visits wants Drop of Tea w/ his SCONE.
1) site Visits
2) Discovery, Depos.
3) Testimony, subpoenas
4) SCONE
Standard - Legislative
Fairly debatable w/ rational relatnshp to pub purp.
Valid and not disturbed unless clearly arbitrarily and unreasonably applied to a property
Quasi-Judicial - Dfn.
LG investigates facts, holds hearings, weighs evidence, draws conclusions from them as a basis for its decision and exercise of discretion.
What significant change did Fassano (Oregon, 1985) bring?
LEGIS/Q-J ----------- Broke out legislative & quasi. 1. Comp. Plan - Legislative. 2. Zoning - Quasi-Judicial. Because it implements.
When is Re-Zoning Legislative?
- Affects a large portion of the public
OR - Affects a small portion of the public but requires a CP amendment.
When is ex parte permissible?
A. Legislative, can talk to everybody.
B. Quasi-Judicial.
- Presumptively prejudicial.
- Decision may be overturned.
- Disclose at beginning of hearing; make ltr avail for public; enter into record.
- F.S. 286.0115 allows ex parte meetings if adopted by ordinance or resolution
Who can cross examine in a Legis hearing?
No one. Never.
Are cross examinations permitted in a Quasi-Judicial hearing?
Parties - yes; Participants - no.
- Allowed for Parties thru PO who asks if there are any questions and ensures they are answered before they are done.
- Participants are not allowed. Difficult to make distinction between participant and party.