JOSEPH MOLINA AND LAKE BOYNTON ESTATES HOMEOWNERS ASSOCIATION, INC., APPELLANTS,
v.
TRADEWINDS DEVELOPMENT CORP., BY ITS AGENT, KERAN KILDAY, AND THE CITY OF BOYNTON BEACH, APPELLEES; CITY OF BOYNTON BEACH, PETITIONER, V. TRADEWINDS DEVELOPMENT CORPORATION, RESPONDENT
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Homeowners and their association appealed a trial court's order approving and enforcing a settlement agreement between the City of Boynton Beach and Tradewinds Development Corporation resolving a zoning dispute. The court upheld the order, finding that it did not eliminate the requirement for public hearings or compliance with applicable zoning laws and ordinances.
The court affirmed the trial court's order directing compliance with the settlement agreement, holding that the order does not limit, prohibit, or eliminate the parties' obligations to comply with applicable zoning ordinances, statutes, and laws, nor does it eliminate the necessity for public hearings or amended applications as required by law.
[1] A settlement agreement and a court order enforcing it do not abrogate or modify a municipality's obligation to comply with applicable zoning and land-use laws.
[2] A court order compelling compliance with a settlement agreement does not eliminate the necessity for public hearings or the filing of amended applications required by zon…
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Join FLexlaw to unlock all legal intelligence“We have carefully reviewed the settlement agreement and the order directing compliance with the agreement and find nothing in the order that limits, prohibits or eliminates the obligation of Tradewinds and the City to comply with applicable zoning ordinances, statutes and laws as they may pertain to the amendment of a zoning ordinance.”
Establishes that the court's core holding is that the compliance order does not eliminate zoning requirements
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe City of Boynton Beach and Tradewinds Development Corporation entered into a settlement agreement to resolve a zoning dispute. Intervenors (homeown…
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PER CURIAM.
Appellants, Joseph Molina and Lake Boynton Estates Homeowners Association, Inc., (Intervenors) appeal a final order approving an agreement that settled a zoning dispute between appellees, City of Boynton Beach (City) and Tradewinds Development Corporation (Tradewinds). Intervenors also seek reversal of a nonfinal order granting Tradewinds’ motion to compel the City to comply with the agreement. City also seeks review by a petition for writ of certiorari of the nonfinal order compelling compliance with the agreement. We sua sponte consolidate Intervenor’s appeal and City’s petition for writ of certiorari.
Intervenors contend the settlement agreement and the orders approving and enforcing it result in invalid contract zoning and that the orders are violative of the separation of powers doctrine and applicable state laws. City, in its petition for certiorari, contends that the order compel ling it to comply with the settlement agreement infringes upon its legislative function and violates local ordinances and state statutes. Both Intervenors and the City argue that the order compelling compliance does away with the requirements of public hearings and amended applications from Trade-winds.
We have carefully reviewed the settlement agreement and the order directing compliance with the agreement and find nothing in the order that limits, prohibits or eliminates the obligation of Tradewinds and the City to comply with applicable zoning ordinances, statutes and laws as they may pertain to the amendment of a zoning ordinance. The settlement agreement expressly provides for compliance with applicable zoning laws and the trial court’s order also provides:
The Defendant City shall proceed with the re-zoning process pursuant to the Stipulation of the parties and shall adopt ordinances relative to the Planned Unit Development in conformity with the Settlement Agreement. The ordinances shall be scheduled for reading as required by the City Charter forthwith.
We do not construe this order as eliminating the necessity for public hearings or the filing of such amended applications as may be required by a party seeking a zoning change, nor does Tradewinds make such a claim. In fact, Tradewinds concedes that it must file an amended application encompassing the changes contemplated by the settlement agreement. Therefore, our approval of the order compelling compliance with the agreement should not be construed as abrogating or modifying the City’s or any concerned state agency’s obligation to follow applicable zoning and land-use laws.
Finally, the trial court, pursuant to the parties’ stipulation, expressly included a reservation of jurisdiction in its final order approving the settlement to enforce the terms of the agreement. We find no error in the trial court’s exercise of that reservation of jurisdiction or in its order enforcing the terms of the agreement between the City and Tradewinds. Broadband Engineering, Inc. v. Quality RF Services, Inc., 450 So. 2d 600 (Fla. 4th DCA 1984).
Accordingly, we affirm the trial court’s order directing compliance with the settlement agreement. However, the result we have reached should not be construed to affect the Intervenors’ right to challenge any subsequent action taken by the City regarding amended applications which may be submitted by Tradewinds. We deny the City’s petition for writ of certiorari.
ANSTEAD, DELL and STONE, JJ., concur.
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Wen Y. Chung U/A/D June 5 v. Sarasota Cnty., 686 So. 2d 1358 (Fla. 2d DCA 1996)…dgment, where the County had agreed to approve a development plan and rezone the site; no reference to contract zoning but discussing potential collateral attacks on the stipulated judgment by non-parties). In Molina v. Tradewinds Development Corp., 526 So. 2d 695 (Fla. 4th DCA 1988), the Fourth District approved a settlement agreement similar to the one between Chung and Sarasota County and affirmed an order compelling the City to comply by rezoning in conformity with the agreement. Without discussing the is…
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Vaughn v. The City of Cocoa, 727 So. 2d 412 (Fla. 5th DCA 1999)…PER CURIAM. AFFIRMED. See Martin County v. Yusem, 690 So. 2d 1288 (Fla. 1997); Lee County v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990); Molina v. Tradewinds Development Corp., 526 So. 2d 695 (Fla. 4th DCA 1988). DAUKSCH, W. SHARP, and GOSHORN, JJ., concur.…
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Morgran Co., Inc. v. Orange Cnty., 818 So. 2d 640 (Fla. 5th DCA 2002)…r argument, the court noted that any hearings regarding the issue of rezoning would “be a pro forma exercise since the County has already obligated itself to a decision.” 686 So. 2d at 1360. The court rejected Molina v. Tradewinds Development Corp., 526 So. 2d 695 (Fla. 4th DCA 1988) to the extent it implied that an obligation to comply with applicable zoning regulations precluded a finding of illegal contract zoning. We have found one court only that has distinguished a contract for support of an activity f…
Authorities Cited
- Broadband Eng'g, Inc. v. Quality RF Servs., Inc., 450 So. 2d 600 (Fla. 4th DCA 1984)