Irvine v. Duval Cnty. Plan. Comm'n, 495 So. 2d 167 (Fla. 1986). · Go Syfert
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Irvine v. Duval Cnty. Plan. Comm'n, 495 So. 2d 167 (Fla. 1986). Cases Citing This Book View Copy Cite
61 citation events (27 in the last 25 years) across 5 distinct courts.
Strongest positive: Vill. of Palmetto Bay v. Palmer Trinity Private Sch., Inc., 128 So. 3d 19 (Fla. 3d DCA 2012)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
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At page 167 Governing application for a special exception5 citing cases“we agree with judge zehmer (dissenting) that once the petitioner met the initial burden of showing that his application met the statutory criteria for granting such exceptions, 'the burden was upon the planning commission to demonstrate, by competent substantial evidence presented at the hearing an…”2 citing courts quote it · 4 listed here
  • Vill. of Palmetto Bay v. Palmer Trinity Private Sch., Inc., 128 So. 3d 19 (Fla. 3d DCA 2012).published 2 cites
    Planning Comm’n, 495 So.2d 167, 167 (Fla.1986) (“[0]nce the petitioner met the initial burden of showing that his application met the statutory criteria for granting such exceptions, ‘the burden was upon the Planning Commission to demonstr…
  • Dusseau v. Metro. Dade Cnty. Bd. of Cnty. Commissioners, 794 So. 2d 1270 (Fla. 2001).published 4 cites
    THE APPLICABLE LAW This Court recently addressed this issue in Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (Fla.2000), wherein the Court set forth the applicable law governing an application for a special exception: This Cou…
  • Florida Power & Light Co. v. City of Dania, 761 So. 2d 1089 (Fla. 2000).published
    This Court in Irvine v. Duval County Planning Commission, 495 So.2d 167 (Fla.1986), delineated the allocation of burdens in a special exception proceeding: [O]nce the petitioner met the initial burden of showing that his application met th…
  • Town of Manalapan v. Gyongyosi, 828 So. 2d 1029 (Fla. 4th DCA 2002).published
Other citing cases8 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Stephen B. IRVINE, Petitioner,
v.
DUVAL COUNTY PLANNING COMMISSION, et al., Respondents.
67092.
Supreme Court of Florida.
Oct 2, 1986.
Published opinion
495 So. 2d 167
1986 Fla. LEXIS 2704
Shaw.
Cited by 35 opinions  |  Published

Barry A. Bobek of Barry A. Bobek, P.A. and Stephen A. Hould of Flowers, Hould, Jensen & Westling, Jacksonville, for petitioner.

Gerald A. Schneider, Gen. Counsel and Robert G. Alexander, Asst. Counsel, Jacksonville, for respondents.

SHAW, Justice.

We review Irvine v. Duval County Planning Commission, 466 So.2d 357 (Fla. 1st DCA 1985), because of direct and express conflict with Rural New Town, Inc. v. Palm Beach County, 315 So.2d 478 (Fla. 4th DCA 1975). Art. V, § 3(b)(3), Fla. Const.

The facts and issues of law are comprehensively set forth in the majority and dissenting opinions below. On the facts and circumstances of the case, we agree with Judge Zehmer (dissenting) that once the petitioner met the initial burden of showing that his application met the statutory criteria for granting such exceptions, "the burden was upon the Planning Commission to demonstrate, by competent substantial evidence presented at the hearing and made a part of the record, that the [special] exception requested by petitioner did not meet such standards and was, in fact, adverse to the public interest." Irvine, 466 So.2d at 364. In our view, the Planning Commission failed to carry its burden. We quash the decision below and remand for further proceedings consistent with this opinion.

It is so ordered.

McDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH and BARKETT, JJ., concur.