Division of Administrative Hearings, Florida
Filed: Oct. 22, 2019
Appellants raised several issues on appeal, including: (1) whether Appellee retroactively applied the LDC to Appellants' lawfully-established non-conforming vacation rental use; (2) whether Appellee violated Appellants' right to due process by applying Ordinance 004-1997, and its 2016 counterpart, retroactively to events which occurred and were established as a matter of record prior to 1997; (3) whether Appellants acquired vested rights when Ordinance 004-1997 was enacted, and the circuit court opinion judicially recognized those vested rights; (4) whether the Appellee erred by requiring compliance with Ordinance 004-1997, and its 2016 counterpart, in light of the doctrine of laches and equitable estoppel; and (5) whether Appellee erred, under the doctrine of collateral estoppel, by not applying the circuit court opinion.The Commission's Resolution No. P35-19 is reversed and remanded for entry of a decision acknowledging a lawfully-established non-conforming vacation rental use at Appellants' duplex located at 1791 Narcissus Avenue in Big Pine Key, Florida.
