Vague Ruling

The Florida Supreme Court has agreed to review a lower court ruling that found Miami-Dade County’s zoning regulations “unconstitutionally vague.” The case, Miami-Dade County vs. Omnipoint Holdings, began as a dispute between Omnipoint and the county over a cellular tower, but the Third District Court of Appeals used the decision to make a much broader criticism of the county’s zoning system, which gives 14 neighborhood panels the power to make decisions on construction projects. The Third District ruling last March slowed down new projects until last July, when the county passed a residential ordinance that set more specific criteria for the county’s zoning code. Oral arguments are set for June 2. The Builders Association of South Florida and the Florida Builders Association will file amicus briefs in support of the county’s position. For more information, call the clerk’s office at the Florida Supreme Court at 850-488-0125. Ask for Case No. SC02-815.