Eastgate Theatre, Inc. v. Board of County Commissioners

Petitioner in this writ of review proceeding appeals from an order of the trial court affirming the action of the Board of County Commissioners (Board) which denied petitioner’s request for a change in the comprehensive plan map. Due to circumstances described below, the Board’s denial of petitioner’s application was accomplished without issuance of an order, findings or conclusions. We reverse and remand to the Board for entry of a proper order.

A succession of conflicting and superceding land-use controls has frustrated several attempts by petitioner to develop a 26-acre parcel of land which…