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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)

Citation
Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Parent Document
Ward v. Downtown Development Authority, 786 F.2d 1526 (1986)
Effective Date
1986-04-21

Other Sections in This Document (36)

Full Text

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The function of due process is to minimize the risk of erroneous fact-finding. “[T]he quantum and quality of process depend upon the need to serve [this purpose].” Greenholtz, 442 U.S. at 14, 99 S.Ct. at 2106. Where, as here, the details and contours of the protected entitlement are left to the discretion of the fact-finding body, procedures designed to elicit specific facts are not necessarily appropriate. Id. at 15, 99 S.Ct. at 2107. The error to be avoided by imposing procedural safeguards is the DDA’s failure to take account of the need for adequate alternative accommodations in its decision whether to approve a renewal project. We believe that the safeguards set forth in the DDA Act ensure all the process that is necessary in the form of a public hearing accompanied by notice and a determination reached thereafter that adequate relocation of those displaced by it is feasible. In requiring only that the DDA comply with those requirements deemed appropriate by the Florida legislature, we afford protection to the displaces by ensuring a forum through which they may express concern and proffer evidence about the feasibility of adequate relocation while remaining mindful of the danger of discouraging states from creating new entitlements by encumbering their allocation with procedures that may be unnecessarily burdensome. See Greenholtz, 442 U.S. at 14, 99 S.Ct. at 2106-07.