Hillsborough County - File #: 2023-0058

• File #: 2023-0058
• Type: County Attorney Items
• Status: Passed
• In control: BOCC Land Use
• On agenda: 5/9/2023
• Final action: 5/9/2023
• Title: RZ-PD 20-1265, pursuant to Mattamy Tampa/Sarasota, LLC, et al v. Hillsborough County Approve rezoning RZ-PD 20-1265, pursuant to the court's ruling in Mattamy Tampa/Sarasota, LLC, et al v. Hillsborough County, Case No. 21-CA-3990, which granted the petition for certiorari filed by Mattamy Tampa/Sarasota, LLC ("Mattamy") and quashed the Board's denial of RZ-PD 20-1265. On April 3, 2023, Judge Gabbard in her Order Granting Petition for Writ of Certiorari found that Mattamy had met their burden of proof to show that RZ-PD 20-1265 was compatible with the Comprehensive Plan and met procedural requirements, and the judge further ruled that the record on appeal did not contain competent, substantial evidence that RZ-PD 20-1265 was inconsistent with the Comprehensive Plan or that maintaining the existing zoning classification accomplished a legitimate public purpose.

Date	Action By	Action	Result
5/9/2023	BOCC Land Use	Approved	Pass

title

RZ-PD 20-1265, pursuant to Mattamy Tampa/Sarasota, LLC, et al v. Hillsborough County

Approve rezoning RZ-PD 20-1265, pursuant to the court’s ruling in Mattamy Tampa/Sarasota, LLC, et al v.

Hillsborough County, Case No. 21-CA-3990, which granted the petition for certiorari filed by Mattamy

Tampa/Sarasota, LLC (“Mattamy”) and quashed the Board’s denial of RZ-PD 20-1265. On April 3, 2023,

Judge Gabbard in her Order Granting Petition for Writ of Certiorari found that Mattamy had met their burden

of proof to show that RZ-PD 20-1265 was compatible with the Comprehensive Plan and met procedural

requirements, and the judge further ruled that the record on appeal did not contain competent, substantial

evidence that RZ-PD 20-1265 was inconsistent with the Comprehensive Plan or that maintaining the existing

zoning classification accomplished a legitimate public purpose.