The Cast of Thousands:
Who Participates in a Land Use
Hearing?
Derek Rooney, Esq.
Board Certified City, County & Local Government Law
Too many voices?
Petitioner
Public
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Not all nouns are created equal!
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Owner / Applicant
Neighbors
Community Stakeholders
Objectors
Professionals:
– Government Staff
– Planners, Engineers, and other Consultants
– Attorneys
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What is the Burden of Proof?
 Legislative Acts
Not Arbitrary and Capricious
“Consistent”
 Quasi-Judicial Hearings
Competent Substantial Evidence
“Consistent”
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What is the Standard of Review?
 Legislative Acts
“Fairly Debatable”
“Consistent”
 Quasi-Judicial Decisions
1)Competent Substantial Evidence
2)Procedural Due Process
3)Essential Requirements of Law
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Development Orders
 Burden of Proof
Belongs to the Challenger
 Standard of Review
“Strict Scrutiny”
“Consistent”
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What does all that mean?
 Weigh all the evidence appropriately
based on the nature of the hearing.
 Distinguish between lay and expert
testimony by laying proper foundations:
What is the nature of the testimony?
Is the witness an expert?
What is the scope of the witness’s expertise?
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Questions?
Derek Rooney
(239) 598-3601
[email protected]
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