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County denied the Developer's application for site plan approval for a golf course because of its anticipated impact on water quality. The Developer argued that the County could not deny the application for that reason, because no lawfully adopted ordinance gave the County the discretion to deny applications on that basis.
The trial court agreed, but the appellate court disagreed. The County's comprehensive plan, an ordinance adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, requires the County to prohibit development that would damage natural resources, and to maintain estuarine water quality.
Moral: The worse part of golf is discretion. Franklin County v. SGI Limited, 728 So.2d 1210 (Fla. 1DCA 1999). |
