§ 9.02.05. Criteria for Vested Rights Determinations

A.

This section is intended to establish criteria for vested rights determinations that strictly adhere to, and implement, existing Florida statutory and case law as they relate to the doctrine of vested rights and equitable estoppel. Each determination is to be made on a case-by-case basis in light of these criteria and the specific factual and legal analysis of that claim. Landowner's claims should not be afforded the relief or remedy sought unless the landowner demonstrates by substantial competent evidence that it's entitled to complete it's development without regard to the otherwise applicable provision(s) of this Code based on either: a) meeting the provisions of F.S. § 163.3167(8); or b) that: 1) upon some act (such as enacting the challenged provision of this Code) or omission of the county, 2) the landowner relying in good faith, (3) has made such a substantial change in position or has incurred such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired to apply the challenged provision.

B.

The provisions of Code of Laws § 106-46 (i) Criteria for Vested Rights, (2) & (3), may be used as an additional guide for consideration of the second and third criteria in A., above.

(Ord. No. 04-72, § 3.X)