Durham Park Neighborhood Ass'n v. City of Miami
Durham Park Neighborhood Ass'n v. City of Miami
Opinion of the Court
This is an appeal from a Final Order of the Florida Department of Community Affairs which adopted the administrative law judge’s Recommended Order and denied Appellants’ Exceptions. The administrative law judge (“ALJ”) made certain findings of fact and concluded that appellants failed to meet their burden of establishing that the City of Miami’s approved small-scale amendment of its Comprehensive Neighborhood Plan for two parcels of property (“Parcel 1” and “Parcel 2”) along the Miami River was not in compliance with pertinent statutes and administrative regulations, was not supported by the adequate data and analysis, and/or was internally inconsistent with other provisions in the Comprehensive Neighborhood Plan.
The amendment, approved by the City in Ordinance 12776, changed the land use designation in the Future Land Use Map (“FLUM”) for Parcel 2 from “Industrial” and “Medium Density Multifamily Residential” to “Restricted Commercial.” The amendment did not change the “Medium Density Multifamily Residential” for Parcel 1. The City passed the amendment pursuant to the procedures for small-scale development amendments found in section 163.3187(l)(c), Florida Statutes (2005).
The ALJ who adjudicated appellants’ current petition
Both the Final Order in DOAH Case No. 04-2754 and the Final Order in DOAH Case No. 06-759 were appealed and each appeal, including this one, has raised almost identical challenges. On August 8, 2007, we reversed the Final Order in
Reversed and remanded.
. The same ALJ adjudicated Appellants’ petition in DOAH Case No. 06-759 and this case.
Concurring Opinion
(specially concurring).
I agree that because we are bound by our earlier decisions in Payne v. City of Miami, 32 Fla. L. Weekly D2055, 2007 WL 2428453 (Fla. 3d DCA Aug. 29, 2007), and Payne v. City of Miami, 32 Fla. L. Weekly D1885, 2007 WL 2254570 (Fla. 3d DCA Aug. 8, 2007), the order on appeal here must be reversed.
FLETCHER, Senior Judge, concurs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.