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Board authorizes county to cover hearing officer cost in Rock Church appeal after disputed code interpretation
Summary
Property owners challenging development approvals at The Rock Church argued the county’s land-development code requires the applicant—not an intervening neighbor—to pay hearing costs. Commissioners cited code ambiguity and voted 3–2 to have the county pay the hearing officer costs so the appeal can be heard.
The Alachua County Board of County Commissioners on Aug. 9 debated whether a neighbor appealing a Development Review Committee approval should pay a hearing officer fee or whether the applicant should bear that cost. After extensive testimony from neighbors and county staff, the board voted 3–2 to authorize the county to pay the hearing-officer cost so the administrative hearing could proceed.
Don Morrison, a nearby property owner, argued the code’s repeated use of the term “applicant” means the development applicant (The Rock Church) should pay any hearing costs associated with DRC appeals. “Throughout that entire chapter, the applicant would be the Rock Church,” Morrison told the board, arguing a fee charged to neighbors would be improper.
County staff and the county attorney’s office said the code is ambiguous and that the “applicant” language appeared in different contexts; staff interpreted the appeal filing as a separate application that could require petitioners with standing to share hearing costs. Given that disagreement, counsels offered alternative options for the board: dismiss the administrative appeal (so the challengers go directly to circuit court), require the petitioners to prepay, or have the county pay the fee to ensure the de novo hearing proceeds.
After public remarks from both sides — and a written advocacy presentation from The Rock’s counsel — the board voted to have the county pay the hearing officer fee and allow the hearing to proceed. Supporters of the county-paying approach said the code’s ambiguity and the public interest in an impartial, administrative hearing justified the county covering costs in this instance. Opponents said it risks shifting private legal costs to taxpayers.
Outcome: The motion to have the County pay the hearing officer cost carried 3–2. The county attorney said staff will work to clarify the land‑development code language in future updates to avoid similar disputes.
What happens next: With the hearing officer cost funded, the appellant may proceed with the administrative hearing; the county attorney’s office also intends to propose clarifying language for the land‑development code so that future fee responsibilities are clearer.
