Board of County Commissioners of Brevard County v. Snyder
Florida Supreme Court
627 So. 2d 469 (1993)
- Written by Rocco Sainato, JD
Facts
Jack and Gail Snyder (Snyder) (plaintiffs) owned a piece of property in Brevard County that was zoned for single-family homes only. Snyder brought an application in front of the Brevard County Board of Commissioners (Brevard) (defendants) to rezone the land to allow for multi-family dwellings on the property. After area residents voiced opposition to the rezoning, Brevard denied Snyder’s request without providing its reasoning. Snyder then brought suit in district court. The district court determined that rezoning of property that affected a small number of people was a judicial action, and as such, was subject to strict judicial review. The district court further noted that, when issuing a rezoning decision, the municipality is required to provide its reasoning when denying an individual’s or small group’s application, so that its decision may be reviewed by a court. The district court held that the evidence must be clear and convincing as to why the public good requires the zoning policy in place. The district court then ruled in favor of Snyder. Brevard petitioned for certiorari to the Supreme Court of Florida.
Rule of Law
Issue
Holding and Reasoning (Grimes, J.)
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