Orlando, FL asked in Civil Litigation, Gov & Administrative Law and Municipal Law for Florida

Q: If a municipal planning department negligently acts to pass along for approval to the P&Z commission having jursisdictio

a set of plans which would result in the violation of the rights of the adjacent residents, could that be an actionable offense under 42 USC 1983 ?

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: No, and you really need to schedule a consultation with a land use & zoning attorney to evaluate your situation and explain your legal rights. 42 U.S.C. Sec. 1983, which provides a legal cause of action for violation of Federal constitutional or statutory rights, does not apply to complaints of negligence. It applies to intentional or reckless conduct. In any event, in the context of zoning decisions, "negligence" is not a relevant concept. Secondly, if you have any potential claim for violation of your rights, it would not be ripe until final action is taken by the municipality. A planning department's recommendation is not final action.

Tim Akpinar agrees with this answer

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