CITY OF GAINESVILLE, PETITIONER,
v.
SCOTTY'S, INC., RESPONDENT
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The City of Gainesville sought review of an order compelling municipal commissioners to answer discovery questions about their motives for voting on zoning changes. The court held that commissioners' motives in enacting legislative zoning ordinances are irrelevant and not subject to discovery, quashing the order to compel.
The court held that commissioners' motives in enacting legislative zoning ordinances are irrelevant and not the proper subject of judicial inquiry or discovery, regardless of whether the lawsuit is brought under 42 U.S.C. § 1983, and therefore the order compelling discovery on this subject was improper.
[1] Discovery is generally limited to matters relevant or reasonably calculated to lead to the discovery of admissible evidence.
[2] The motives of municipal commissioners in enacting ordinances of a legislative character are irrelevant and not subject to judicial inquiry.
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Join FLexlaw to unlock all legal intelligence“Discovery is usually permitted only on matters which are relevant or which are reasonably calculated to lead to the discovery of admissible evidence.”
Establishes the basic standard for permissible discovery under Florida law
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Join FLexlaw to unlock all legal intelligenceScotty's Inc. leased property from the City with plans to develop it but the City rezoned the property. Scotty's sued alleging inverse condemnation, a…
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THOMPSON, Judge.
The City of Gainesville (City) petitions for a writ of common law certiorari to review the order below granting a motion to compel discovery. We grant certiorari and quash the order. Respondent Scotty’s Inc. (Scotty’s) filed suit against the City alleging causes of action for inverse condemnation, arbitrary and capricious exercise of police power, equitable estoppel and discrimination pursuant to 42 U.S.C. § 1983. The suit arose out of the City’s rezoning of a piece of property which Scotty’s had leased with the intention of developing. After various pleadings were filed Scotty’s deposed several of the City’s commissioners. According to the petition, Scotty’s sought to elicit testimony from the commissioners concerning their individual motives in voting for the zoning changes. The commissioners declined to answer the questions on the advice of the City’s attorney. Scotty’s filed a motion to compel asking the court to direct the commissioners “to answer questions at discovery depositions about their motives and intent with respect to each of the successive zoning changes at issue in this action.” The court granted the motion to compel, and the City sought review of the order by this petition for writ of certiorari.
Discovery is usually permitted only on matters which are relevant or which are reasonably calculated to lead to the discovery of admissible evidence. Fla.R. Civ.P. 1.280. The right of discovery does not extend to matters which are irrelevant or which cannot reasonably be expected to lead to the discovery of relevant matters. In the instant case Scotty’s attempt to inquire into the commissioners’ motives in enacting the zoning changes was improper. The fact that a cause of action was alleged pursuant to 42 U.S.C. § 1983 does not overcome the widely accepted tenet that the motives of municipal commissioners in enacting ordinances of a legislative character are irrelevant and are not the proper subject of judicial inquiry. City of Pompano Beach v. Big Daddy’s, Inc., 375 So. 2d 281 (Fla.1979); City of Miami Beach v. Schauer, 104 So. 2d 129 (Fla.3d DCA 1958, cert. discharged 112 So. 2d 838 (Fla.1959). See also: Bruce v. Riddle, 631 F. 2d 272 (4th Cir.1980); City of Safety Harbor v. Birchfield, 529 F. 2d 1251 (5th Cir.1976). A change in a zoning ordinance is an exclusively legislative act. Schauer, 104 So. 2d at 131-132. Therefore, the commissioners’ “motives and intent” with respect to the zoning law changes are irrelevant. Furthermore, we fail to see how such an inquiry could lead to the discovery of admissible evidence.
Scotty’s argues that the true objective of its inquiries is to discover the “purpose, object, reason, necessity and effect” of the zoning change. While an inquiry of this type may be the proper subject of discovery, nevertheless, the specific language of both the motion to compel and the order granting it refers exclusively to “motives and intent”. Whatever information Scotty’s may have intended to obtain by its inquiry, the plain language of the motion and order permits discovery for improper purposes.
We grant the petition for writ of certiorari and quash the order below compelling answers on deposition concerning the commissioners’ motives and intent. This cause is remanded for further proceedings consistent herewith.
BOOTH, C.J., and ERVIN, J., concur.
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Miami-Dade Cnty. & Miami-Dade Cnty. Mayor Carlos A. Gimenez v. Dade Cnty. Police Benevolent Ass'n, 103 So. 3d 236 (Fla. 3d DCA 2012)…ude, as the appellate courts that have granted certiorari review on similar grounds have concluded, that this Court has jurisdiction to address the petitioners’ writ of certiorari. See Horne, 901 So. 2d at 240; City of Gainesville v. Scotty’s, Inc., 489 So. 2d 1196, 1197 (Fla. 1st DCA 1986); Hillsborough Cnty. v. Pinellas Cnty., 425 So. 2d 1196 (Fla. 2d DCA 1983); Manatee Cnty. v. Estech Gen. Chems. Corp., 402 So. 2d 75, 76 (Fla. 2d DCA 1981). As we have concluded that the petitioners’ have satisfied the juri…
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Univ. OF W. Fla. Bd. OF Trs. v. Habegger, 125 So. 3d 323 (Fla. 1st DCA 2013)…rom other sources. Discovery is usually permitted only on matters that are rele [*326] vant or that are reasonably calculated to lead to the discovery of admissible evidence. See Fla. R. Civ. P. 1.280. See also City of Gainesville v. Scotty’s, Inc., 489 So. 2d 1196, 1197 (Fla. 1st DCA 1986) (“The right of discovery does not extend to matters which are irrelevant or which cannot reasonably be expected to lead to the discovery of relevant matters.”). The respondent sought President Bense’s deposition only with…
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Rainbow Lighting, Inc. v. Lawton Chiles, 707 So. 2d 939 (Fla. 3d DCA 1998)…unicipal law that when a municipal ordinance of legislative character is challenged in court, the motives of the commission and the persons before it which induced passage of the ordinance are irrelevant.” See City of Gainesville v. Scotty’s, Inc., 489 So. 2d 1196 (Fla. 1st DCA 1986); City of Miami Springs v. J.J.T., Inc., 437 So. 2d 200 (Fla. 3d DCA 1983); Hardage v. City of Jacksonville Beach, 399 So. 2d 1077 (Fla. 1st DCA), rev. denied, 411 So. 2d 382 (Fla.1981); Mailman Dev. Corp. v. City of Hollywood, 28…
Authorities Cited
- Bruce v. Riddle, 631 F.2d 272 (4th Cir. 1980)
- Schauer v. City OF Miami Beach, 112 So. 2d 838 (Fla. 1959)
- The City OF Safety Harbor v. Birchfield, 529 F.2d 1251 (5th Cir. 1976)
- City OF Miami Beach v. Schauer, 104 So. 2d 129 (Fla. 3d DCA 1958)
- City OF Pompano Beach v. BIG Daddy's, Inc., 375 So. 2d 281 (Fla. 1979)