ABSTRACT

Due process is a requirement of both the U.S. Constitution and the Florida Constitution. Federal courts and state courts have applied due process to land use disputes to create a set of due process rights specific to land use law. This chapter discusses the federal court cases that created the fairly debatable standard. This standard is the principal rule to which local government land use regulation–in all of the United States–must adhere. This chapter includes the following case: Vill. of Euclid v. Ambler Realty Co.