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Thread: Florida court rejects land-use ballot measure

  1. #1
    Cyburbian Plus JNA's avatar
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    Florida court rejects land-use ballot measure

    Headline and Article from the AP Wire.
    By Jackie Hallifax; March 17, 2005, 4:17 PM EST

    http://www.newsday.com/news/nationwo...orld-headlines

    Highlight:
    "The "Hometown Democracy" measure would have required voter approval for any changes to the plans that cities and counties adopt to manage development. City and county commissions now hold that power.

    But the high court said the ballot summary was fatally flawed because of "impermissible emotional rhetoric that misstates the substance of the amendment."

    The court said the problem was in the first sentence: "Public participation in local government comprehensive land use planning benefits the conservation and protection of Florida's natural resources and scenic beauty, and the long-term quality of life of Floridians."

    The court said land-use plans deal with a lot more than "strictly environmental or aesthetic considerations." The court said those include safety, traffic, sewer service, parks and housing. "



    Link to opinion:
    http://www.floridasupremecourt.org/d.../sc04-1134.pdf
    Oddball
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    Why don't you dig how beautiful it is out here?
    Why don't you say something righteous and hopeful for a change?
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    No. Just some parts wake up faster than others.
    Broke parts take a little longer, though.
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  2. #2
    Cyburbian Zoning Goddess's avatar
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    Quote Originally posted by JNA
    Headline and Article from the AP Wire.
    By Jackie Hallifax; March 17, 2005, 4:17 PM EST

    http://www.newsday.com/news/nationwo...orld-headlines

    Highlight:
    "The "Hometown Democracy" measure would have required voter approval for any changes to the plans that cities and counties adopt to manage development. City and county commissions now hold that power.

    But the high court said the ballot summary was fatally flawed because of "impermissible emotional rhetoric that misstates the substance of the amendment."

    The court said the problem was in the first sentence: "Public participation in local government comprehensive land use planning benefits the conservation and protection of Florida's natural resources and scenic beauty, and the long-term quality of life of Floridians."

    The court said land-use plans deal with a lot more than "strictly environmental or aesthetic considerations." The court said those include safety, traffic, sewer service, parks and housing. "



    Link to opinion:
    http://www.floridasupremecourt.org/d.../sc04-1134.pdf
    The ballot measure may have been misstated, but the intent was the right thing.

  3. #3
    Cyburbian The One's avatar
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    Huh.....

    Quote Originally posted by Zoning Goddess
    The ballot measure may have been misstated, but the intent was the right thing.
    B...B...B...WHAT.....Are you serious......a vote for every zoning, land use change.....that is a true processing HELL....... Colorado has a similar referendum process that requires a percentage of the electorate to force a vote.....that seemed ok, because not every single rezoning had to be voted on.....but voting on land use plan changes......isn't that what a comprehensive plan/master plan is for.....public input to determine what the city wants......voting would just allow NIMBY's to take over.....or at least slow everything down another 2 years......ARGHH.....

    Just The One reacting to your short reply.....

    "The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness."
    John Kenneth Galbraith

  4. #4
    Cyburbian H's avatar
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    Good intent, but the last thing we need is more uninformed voting. Remember the 'pig' item on the ballot a few years ago? How many people voting for that do you think actually knew the issue? They went to vote for guv'na and then voted to save pregnant pigs while they were there. Could you imagine this with planning... most people barely get the issues as it is. So they might study up for the land use change in their part of town and while they were there they would vote for a land use change they had no idea about on the other side of town just becuase it was on the same ballot and they didnt want to leave the item empty... a nightmare...

  5. #5
    Cyburbian Trail Nazi's avatar
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    I am not a fan of the ballot measure because like H said, there are too many uniformed voters out there. Plus, it directly conflicts with some of the growth management changes that they wanted to pass. I could only imagine what the landscape would look like had it passed. I think that I would have to leave planning all together.

  6. #6
    Cyburbian Zoning Goddess's avatar
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    I've worked with too many citizens who are very informed, to think we are the only experts. And sat thru enuf horrendous zoning hearings where the comission approved a horrible concept, that I think public input should be taken more seriously.

    TN will appreciate this; this week's theme report in the Orlando Sentinel was on the FL Sunshine Law. And who was interviewed for the citizen side: Susan Eberle, the nutcase re any expansion of UCF. That's an example of a lunatic in the process, but don't tell me many of our politicians have the same failing.

  7. #7

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    ZG: You make some points. But from the land of eternal initiatives, I still remain unconvinced that requriing a vote of the population to change anything in the comprehensive plan seems...extreme and expensive. As you yourself not: our expertise can be questioned/ So, the comprehensive plans should not be cast in stone, either. They are imperfect and cannot reflect a chaning world. Add emotionalism and, yes, ignorance, and those elections would be a nightmare scenario.

  8. #8
    BKM, you are right in that comprehensive plans should not be cast in stone. They are a living document that should change as the situation changes with regarde to location of growth among other factors. How many times have things changed in midstream that would render a plan useless without modifications? By requiring voter approval of all changes the entire process would slow down to the point of becoming totally useless. Also, in the case of a small, newly incorporated town such as my own, the cost of this would be impossible to meet. public involvement is a good thing and should be incouraged but too much micro-management will stop any growth management.

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