AMAZING 3d DCA Upholds Circuit Order Requiring Approval of Plan Amendment and Zoning
In the frankly astounding case of Village of Pinecrest v. GREC Pinecrest, the 3d DCA upheld a lower court decision that reversed the Village's denial of a plan amendment, rezoning and site plan approval. The amendment and development orders would have permitted an 18 unit housing project.
In discovery, the Village admitted that the Plan Amendment - and the project - were consistent with the comprehensive plan. Apparently the project required a future land use map amendment that brought the map into consistency with other policies, and the project was totally consistent with the other policies an map.
The Village, in effect, claimed that it had complete legislative discretion to deny the FLUM amendment and therefore the development orders even if they were otherwise consistent with the Plan. The circuit court disagreed and the 3d DCA upheld the circuit court.
This is a MUST READ. The facts may end up unique, but the case is the first case that establishes a critical proposition: that local governments may be obligated to adopt amendments and development orders that are consistent with their Plans.
In discovery, the Village admitted that the Plan Amendment - and the project - were consistent with the comprehensive plan. Apparently the project required a future land use map amendment that brought the map into consistency with other policies, and the project was totally consistent with the other policies an map.
The Village, in effect, claimed that it had complete legislative discretion to deny the FLUM amendment and therefore the development orders even if they were otherwise consistent with the Plan. The circuit court disagreed and the 3d DCA upheld the circuit court.
This is a MUST READ. The facts may end up unique, but the case is the first case that establishes a critical proposition: that local governments may be obligated to adopt amendments and development orders that are consistent with their Plans.