Legal Topics

Counties — Zoning — Rezoning — Due process 

Oct 10th, 2023 in by admin

Counties — Zoning — Rezoning — Due process — No merit to argument that opponents to rezoning were denied due process by lack of formal notice — Although opponents did not live within radius of property owners that county code required be notified, they nonetheless appeared and fully participated in hearing — Opponents’ claim that county code procedures for rezoning hearing unfairly limited their ability to address county commissioners raises issue of substantive due process that cannot be addressed on certiorari review — Challenge to consistency of development order with comprehensive plan are not appropriately brought in petition for writ of certiorari