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County Attorney's Report 13. 1.

BCC Regular Meeting

Information

Meeting Date:	11/01/2018
Issue: Escambia County Board of County Commissioners v. Eager Beaver, LLC, First District Court of Appeal Case No.: 1D17-3231
From:	Alison Rogers
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Escambia County Board of County Commissioners v. Eager Beaver, LLC, First District Court of Appeal Case No.: 1D17-3231

That the Board accept the permit and conditional use authorization granted by the Director of Development Services on behalf of the Board of County Commissioners for Eager Beaver, LLC to operate as a vegetative yard trash recycling/processing facility (LCD recycling) located at 2170 Longleaf Drive, Pensacola, Florida 32505, as required by the Court pursuant to orders rendered by the Escambia County Circuit Court, Case No. 2017 CA 000030, and the First District Court of Appeal, Case No. 1D17-3231. The orders directing the issuance of the conditional use and permit are attached to this recommendation.

BACKGROUND:

On December 8, 2016, after notice and hearing, the Board of County Commissioners denied a conditional use approval and issuance of a permit for operation of a vegetative yard trash recycling/processing facility (LCD recycling) requested by the applicant, Eager Beaver, LLC.

Eager Beaver timely filed a Petition for Writ of Certiorari with the Escambia County Circuit Court, Case No. 2017 CA 000030. Oral Argument was taken in Chambers on May 31, 2017. On July 10, 2017, the Circuit Court ordered that Escambia County issue the permit and that the Board of County Commissioners shall not undertake further evidentiary hearing or any other findings on the denial of the permit. The Circuit Court specifically found that Eager Beaver met all required criteria and that issuance of the conditional use and permit is mandatory based upon the evidence presented. The Court held that the County’s own law commanded the issuance of the permit.

The County timely appealed the Circuit Court decision and filed a Petition for Writ of Certiorari in the First District Court of Appeal, Case No. 1D17-3231. On August 10, 2018, the First District Court of Appeal denied the County’s Petition of Writ for Certiorari without written opinion. On August 27, 2018, the Board of Count Commissioners filed a Motion for Rehearing and/or Issuance of a Written Opinion so that the matter could be further appealed to the State Supreme Court.

On October 16, 2018, the First District Court of Appeals denied the County’s Motion for Rehearing and Issuance of a Written Opinion.

Having been denied relief by the First District Court of Appeals, the order of the Circuit Court remains in effect and mandates that the Board of County Commissioners issue the conditional use approval and operational permit to Eager Beaver without further review by the County.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Permit and Conditional Use Authorization
Circuit Court Order - 7/10/2017
District Court of Appeal Order on Petition - 8/10/2018
District Court of Appeal Order on Motion - 10/16/2018