Sierra Club v. Dept. of Com. Affairs

Full title: SIERRA CLUB OF BROWARD COUNTY, APPELLANT, v. DEPARTMENT OF COMMUNITY…

Court: District Court of Appeal of Florida, Fourth District

Date published: Apr 8, 1992

595 So. 2d 1115 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-0737.

April 8, 1992.

Appeal from the State of Florida Department of Community Affairs.

Jack E. Milbery, Plantation, and Brion L. Blackwelder, Hollywood, for appellant.

John J. Copelan, Jr., County Atty., and Tracy H. Lautenschlager, Asst. County Atty., Fort Lauderdale, for appellee Broward County.

David J. Russ, Asst. Gen. Counsel, Tallahassee, for appellee Dept. of Community Affairs.

PER CURIAM.

AFFIRMED.

LETTS and DELL, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

ANSTEAD, Judge, specially concurring.

I concur in the majority's affirmance because I agree that the appellant has not demonstrated the basis of its entitlement to an administrative hearing. Despite our affirmance, I note, as did counsel for the Department of Community Affairs at argument, that this does not necessarily mean that appellant may not be able to demonstrate in the future a right to challenge the county's actions or inactions in carrying out its land use plan.