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County Attorney's Report 11. 1.

BCC Regular Meeting

Information

Meeting Date:	01/07/2016
Issue: Scarbrough and Banta v. Escambia County Board of County Commissioners, Case No.: 1D15-4314
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.: 1D15-4314

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.: 1D15-4314.

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.

Under the Florida Rules of Appellate Procedure, Ms. Scarbrough and Ms. Banta sought to file a petition for certiorari with the First District Court of Appeal (DCA) in Tallahassee. However, before the First DCA ordered briefs to be filed, Ms. Scarbrough and Ms. Banta filed a notice of voluntary dismissal and declined to go further with the appellate process. The First DCA accepted the notice of voluntary dismissal and issued an order of dismissal. With the entry of the order, the Board's decision denying the rezoning application on the grounds asserted by Ms. Scarbrough and Ms. Banta is now final.

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
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