Gilmore v. Hernando County

I respectfully dissent because I think the correct standard of review which should have been employed by the trial court is much stricter than the “fairly debatable” one commonly used in Florida zoning cases. Had it used the stricter review standard, I submit it would have properly concluded that material facts were created by this record concerning the consistency of the rezoning with the County’s Comprehensive Plan. The matter should have proceeded to a full de novo hearing before the trial court.

The record in this case shows that the owners and developer of 89.95 acres in the Spring Lake…