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County Attorney's Report 10. 1.

BCC Regular Meeting

Information

Meeting Date:	09/03/2015
Issue: Scarbrough and Banta v. Escambia County Board of County Commissioners, Case No.: 17 2015 CA 000399
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Helen P. Scarbrough and Linda H. Dunson Banta v. Escambia County Board of County Commissioners, Case No.: 17 2015 CA 000399

That the Board accept the following informational report concerning Helen P. Scarbrough and Linda H. Dunson Banta v. Escambia County Board of County Commissioners, Case No.: 17 2015 CA 000399.

BACKGROUND:

Ms. Scarbrough and Ms. Banta were applicants for rezoning several acres in the River Road area of Perdido Key who sought an up-zoning from the R-2PK, Residential District (Perdido Key) to CGPK, Commercial Gateway District (Perdido Key) which would allow for commercial development of primarily residential property. The Planning Board granted the rezoning applications, but the Board of County Commissioners (BCC) overturned the determination made by the Planning Board.

Ms. Scarbrough and Ms. Banta filed a joint petition for certiorari with the Escambia County Circuit Court arguing that the BCC’s decision to deny the applications for rezoning was not supported by competent, substantial evidence because residential property owners on River Road opposed the rezoning. After briefs were filed, Judge Terry Terrell, sitting in an appellate capacity, denied the petition for certiorari holding that the neighboring property owners’ testimony was competent, substantial evidence to support the BCC’s decision while citing several authorities cited by the County in its response to the petition for certiorari. A copy of the ruling is attached.

Under the Florida Rules of Appellate Procedure, Ms. Scarbrough and Ms. Banta would have 30 days from the date that Judge Terrell’s ruling was filed with the Clerk, which is August 21, 2015, to file a petition for certiorari with the First District Court of Appeal in Tallahassee. Should Ms. Scarbrough and Ms. Banta seek this type of review, it will be limited to two issues: (1) whether Judge Terrell followed the law, and (2) whether Ms. Scarbrough and Ms. Banta were given adequate procedural due process. This is known as second tier review. Should Ms. Scarbrough and Ms. Banta proceed with a petition for certiorari in the First District Court of Appeal, this office will vigorously defend Judge Terrell’s ruling.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

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Attachments
No file(s) attached.