JENNINGS v. DADE COUNTY

Nos. 88-1324, 88-1325.

589 So.2d 1337 (1991)

Milton S. JENNINGS, Appellant, v. DADE COUNTY and Larry Schatzman, Appellees.

District Court of Appeal of Florida, Third District.

On Rehearing Granted December 17, 1991.


Attorney(s) appearing for the Case

John G. Fletcher, South Miami, for appellant.

Robert D. Korner and Roland C. Robinson, Miami, Robert A. Ginsburg, County Atty., and Eileen Ball Mehta and Craig H. Coller, Asst. County Attys., for appellees.

Joel V. Lumer, Miami, for The Sierra Club as Amicus Curiae.

Before BARKDULL, NESBITT and FERGUSON, JJ.


ON REHEARING GRANTED

NESBITT, Judge.

The issue we confront is the effect of an ex parte communication upon a decision emanating from a quasi-judicial proceeding of the Dade County Commission. We hold that upon proof that a quasi-judicial officer received an ex parte contact, a presumption arises, pursuant to section 90.304, Florida Statutes (1989), that the contact was prejudicial. The aggrieved party will be entitled to a new and complete hearing before...

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