County of Volusia v. Consolidated Pre-Stressed Concrete, Inc.

The County of Volusia seeks issuance of a writ of certiorari to quash an order of the circuit court acting in its review capacity. The circuit court held that the Volusia County Council violated due process when it conducted a de novo evidentiary hearing on an appeal from a decision of the Development Review Committee. In so doing, the circuit court construed the appeals procedure in section 102.07 of Volusia County’s Land Development Code as limiting the Council’s review to the record before the Committee. I disagree and conclude that section 102.07 allows a de novo evidentiary hearing upon…