PALM BEACH COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, PETITIONER,
v.
WILLIAM R. TINNERMAN, WILLIAM G. ROBINSON AND ROSACKER PROPERTIES, INC., RESPONDENTS
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Palm Beach County sought certiorari review of an order that reversed the County's denial of a rezoning and special exception application and directed the zoning authority to grant it. The court held that the lower tribunal departed from the essential requirements of law by both applying the wrong legal standard and violating separation of powers by directing the zoning authority to rezone property.
The court held that the lower tribunal departed from the essential requirements of law in two respects: (1) the appropriateness of the proposed zoning change was fairly debatable and surrounded by reasonable controversy, so the presumption of validity attaching to the zoning authority's decision must be upheld; and (2) a court order directing the zoning authority to zone property in a particular manner violates the separation of powers doctrine.
[1] Zoning resolutions are presumed valid and will not be disturbed by courts unless arbitrarily and unreasonably applied to a particular piece of property, requiring a clear…
[2] The 'fairly debatable' rule limits a court's review of zoning decisions to determining whether a legitimate controversy existed before the zoning body, in which case the…
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Join FLexlaw to unlock all legal intelligence“Zoning resolutions are presumed valid and should not be disturbed by the courts unless they are arbitrarily and unreasonably applied to a particular piece of property. A clear showing of an abuse of discretion by the Commission is required.”
Establishes the legal standard for judicial review of zoning decisions and the presumption of validity accorded to zoning authority determinations.
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Join FLexlaw to unlock all legal intelligenceRespondents Tinnerman, Robinson, and Rosacker Properties, Inc. applied for rezoning and a special exception for a property in Palm Beach County. The B…
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HERSEY, Chief Judge.
Palm Beach County seeks review by way of certiorari of an order reversing denial of respondents’ application for rezoning and for special exception by the Board of County Commissioners sitting as the zoning authority. The order not only reversed the denial of the application, but it also directed the zoning authority to grant the application for rezoning and special exception.
Our consideration is limited to the questions of whether petitioner has been afforded procedural due process and whether the lower tribunal departed from the essential requirements of the law. City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982).
Procedural due process is not an issue in this case. Addressing the second aspect of our inquiry, we hold that there has been a departure from the essential requirements of the law in two respects.
As we said in Marell v. Hardy, 450 So. 2d 1207, 1211 (Fla. 4th DCA 1984) (citations omitted):
Zoning resolutions are presumed valid and should not be disturbed by the courts unless they are arbitrarily and unreasonably applied to a particular piece of property. A clear showing of an abuse of discretion by the Commission is required. The test to be used in determining whether a zoning resolution is arbitrary and unreasonable as applied to a particular piece of property is whether the particular resolution is ‘fairly debatable’ ... the trial court under the ‘fairly debatable’ rule is limited to a determination of whether a legitimate controversy existed before the zoning body. If the court so determines, then the Commission’s action must be upheld.
See also Rural New Town, Inc. v. Palm Beach County, 315 So. 2d 478 (Fla. 4th DCA 1975).
It is abundantly clear that the appropriateness of the proposed zoning change and special exception was a fairly debatable proposition surrounded by reasonable and legitimate controversy. Under such circumstances the presumption of validity which attaches to a zoning ordinance or decision by the zoning authority carries the day.
Further, classification of lands under zoning ordinances involves the exercise of legislative power. Thus, the doctrine of separation of powers prevents the courts from interfering with such exercise. Therefore, a court order which directs the zoning authority to zone a property in a particular manner violates the separation of powers doctrine. City of Miami Beach v. Weiss, 217 So. 2d 836 (Fla.1969). Our instruction to the contrary in Rural New Town is obviously of no efficacy in view of the supreme court’s clear mandate in Weiss. As we said in Orange County v. Butler Estates, 303 So. 2d 66, 67 (Fla. 4th DCA 1974), “to direct the appellant to rezone such property ‘in accordance with the (appellees’) application’ does, indeed, constitute an encroachment upon the exercise of the legislative power of the appellant.”
The petition for writ of certiorari is therefore granted and the order under review is quashed.
DOWNEY and WALDEN, JJ., concur.
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Bd. OF Cnty. Comm'rs OF Brevard Cnty. v. Snyder, 627 So. 2d 469 (Fla. 1993)…DCA1991), because of its conflict with Schauer v. City of Miami Beach, 112 So. 2d 838 (Fla.1959); City of Jacksonville Beach v. Grubbs, 461 So. 2d 160 (Fla. 1st DCA1984), review denied, 469 So. 2d 749 (Fla.1985); and Palm Beach County v. Tinnerman, 517 So. 2d 699 (Fla. 4th DCA1987), review denied, [*471] 528 So. 2d 1188 (Fla.1988). We have jurisdiction under article V, section 3(b)(3) of the Florida Constitution. Jack and Gail Snyder owned a one-half acre parcel of property on Merritt Island in the unincorpo…
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Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty., 595 So. 2d 65 (Fla. 5th DCA 1991)…S.Ct. 292, 99 L.Ed. 711 (1955). . City of Tampa v. Speth, 517 So. 2d 786 (Fla. 2d DCA 1988). . See, e.g., St. Johns County v. Owings, 554 So. 2d 535, 537 (Fla. 5th DCA 1989), rev. denied, 564 So. 2d 488 (Fla.1990); Palm Beach County v. Tinnerman, 517 So. 2d 699 (Fla. 4th DCA 1987), rev. denied, 528 So. 2d 1183 (Fla.1988). . Indeed, Village of Euclid v. Ambler Realty Co., the 1926 United States Supreme Court decision originally upholding the constitutionality of comprehensive zoning plans, which involved a…
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LEE Cnty. v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)…160, 162 (Fla. 1st DCA 1984), review denied, 469 So. 2d 749 (Fla.1985). The final judgment also erroneously ordered the County to rezone appellees’ property and, therefore, violates the separation of powers doctrine. Palm Beach County v. Tinnerman, 517 So. 2d 699, 700 (Fla. 4th DCA 1987), review denied, 528 So. 2d 1183 (Fla.1988); Town of Longboat Key v. Kirstein, 352 So. 2d 924, 925 (Fla. 2d DCA 1977), cert. denied, 364 So. 2d 887 (Fla.1978). When a court determines property has been improperly zoned, the m…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Rural NEW Town, Inc. v. Palm Beach Cnty., 315 So. 2d 478 (Fla. 4th DCA 1975)
- Commercial Carrier Corp. v. Mayo, 217 So. 2d 836 (Fla. 1969)
- City OF Miami Beach v. Weiss, 217 So. 2d 836 (Fla. 1969)
- Marell v. Signe Hardy, 450 So. 2d 1207 (Fla. 4th DCA 1984)
- Orange Cnty. v. Butler Ests. Corp., 303 So. 2d 66 (Fla. 4th DCA 1974)