CITY OF SANFORD, PETITIONER,
v.
SEMINOLE COUNTY, ETC., RESPONDENT
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The City of Sanford challenged a circuit court decision that invalidated two annexation ordinances. The court held that both the Kastner and Paulucci parcels satisfied Florida's statutory requirements for annexation—contiguity and reasonable compactness—and reversed the circuit court's decision.
The court held that both parcels satisfied the statutory requirements for annexation. The parcels were contiguous because a substantial part of their boundaries were coterminous with the city's boundaries, as required by statute. The annexations were reasonably compact because they did not create enclaves, pockets, or finger areas in the serpentine sense contemplated by the compactness statute.
[1] Appellate review of a circuit court's order quashing an annexation ordinance by certiorari is limited to determining whether the circuit court afforded procedural due pro…
[2] "Contiguous" in the context of municipal annexation means that a substantial part of the boundary of the territory sought to be annexed is coterminous with a part of the…
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Join FLexlaw to unlock all legal intelligence“"Contiguous" means that a substantial part of a boundary of the territory sought to be annexed is coterminous with a part of the boundary of the municipality.”
Statutory definition establishing the test for contiguity in annexation cases
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Join FLexlaw to unlock all legal intelligenceThe City of Sanford enacted Ordinance No. 1772 annexing three parcels known as the Kastner parcels and Ordinance No. 1776 annexing the Paulucci parcel…
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ORFINGER, Judge.
At issue here is the legality of two ordinances enacted by the City of Sanford (hereinafter the City) annexing parcels of property pursuant to petitions for voluntary annexation by the respective property owners.
Over the objection of Seminole County, the City enacted Ordinance No. 1772 annexing three parcels known as the “Kastner parcels,” and Ordinance No. 1776, annexing the “Paulucci parcel.” The Kastner property consisted of three separate parcels. The two easternmost parcels bordered the northerly city limits, while the third parcel bordered the city limits on the west, as did the Paulucci parcel.
Considering itself aggrieved by the passage of the annexation ordinances, Seminole County filed a petition in the circuit court seeking review by certiorari1 of the actions of the City. During the certiorari proceedings, Seminole County withdrew its objections to the two easternmost parcels of the Kastner property, annexed by Ordinance No. 1772, so the circuit court order did not affect these parcels, nor are they involved in our review. The circuit court declared both annexation ordinances invalid because: a) the properties were not “substantially contiguous” to property within the city limits; and b) that although no enclaves would be created as a result of the annexations proposed, the annexations would not be compact because the “proposed annexations tend to create pockets of unincorporated property and ... create finger areas in serpentine patterns.” The City appeals this order. Review in a district court of appeal of an order of the circuit court quashing by certiorari an annexation ordinance is by way of petition for writ of certiorari. See City of Tampa v. Hillsborough County, 504 So. 2d 10 (Fla. 2d DCA 1986); City of Sunrise v. Broward County, 473 So. 2d 1387 (Fla. 4th DCA 1985); City of Lake Mary v. County of Seminole, 419 So. 2d 737 (Fla. 5th DCA 1982). Appellate review in this case is limited to determining whether the circuit court afforded procedural due process and applied the correct law. City of Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla.1982).2 We therefore treat this appeal as a petition for writ of certiorari (Florida Rule of Appellate Procedure 9.040(c)) and quash the decision of the circuit court.
Section 171.044(1), Florida Statutes (1987) provides:
(1) The owner or owners of real property in an unincorporated area of a county which is contiguous to a municipality and reasonably compact may petition the governing body of said municipality that said property be annexed to the municipality.
“Contiguous” means that a substantial part of a boundary of the territory sought to be annexed is coterminous with a part of the boundary of the municipality. § 171.031(11), Fla.Stat. (1987).
The City argues that the circuit court finding of lack of substantial contiguity adds an element not found in the statute, which requires only that the annexed property be contiguous. In view of the statutory definition, this argument is more semantical than substantive. Nevertheless, we agree with the City that both parcels involved here are contiguous in the statutory sense. In May v. Lee County, 483 So. 2d 481 (Fla. 2d DCA 1986) the court noted that:
When used in the context of municipal annexation, the term “contiguous” has been defined as “touching or adjoining in a reasonably substantial ... sense.” Wescom, Inc. v. Woodridge Park District, 49 Ill.App.3d 903, 7 Ill.Dec. 560, 563, 364 N.E. 2d 721, 724 (1977).
Id. at 482.
The May court noted a dispute in the case law as to whether parcels which only “corner” upon one another may be considered “contiguous,” and the County urges the application of that legal principle here, but it clearly does not apply. Virtually all of the easterly border of the Kastner parcel abuts existing municipal property, and far more than just the corner of the Paulucci property abuts the existing municipal limits. The County’s argument that only a small percentage of the entire circumference of the properties touches municipal property is without merit. Section 171.031(11) only requires “that a substantial part of a boundary” touch municipal property. (Emphasis added). The legal requirement of contiguity is met, because the annexed parcels touch or adjoin existing municipal territory in a reasonably substantial sense. May v. Lee County, supra.
We also agree with the City’s contention that the circuit court applied the wrong law in concluding that the annexed areas were not compact. Section 171.044(1) requires that the subject land be “reasonably compact” and section 171.031(12) defines “compactness”:
“Compactness” means concentration of a piece of property in a single area and precludes any action which would create enclaves, pockets, or finger areas in serpentine patterns. Any annexation proceeding in any county in the state shall be designed in such a manner as to ensure that the area will be reasonably compact.
Our statutes do not define the term “pocket” but Webster’s defines the term in relevant part as “a small isolated area or group.” Webster’s New Collegiate Dictionary, p. 879. The annexations here do not create small isolated areas.
As for “finger areas in serpentine patterns,” “serpentine” is defined in Webster’s as “winding or turning one way and another.” Id. at p. 1051. While the annexations may be viewed to some extent as being in a finger pattern, they are not winding or turning.
In sum, the subject properties meet the statutory requirement of reasonable compactness as well as the principles underlying said requirement as stated in City of Sunrise v. Broward County, 473 So. 2d 1387, 1388 (Fla. 4th DCA 1985), viz:
In order to understand the concepts of compactness and the prohibition against the creation of enclaves in the context of annexation proceedings, it is helpful to consider the general purpose and goals of a municipal corporation as described by the attorney general in his opinion at 077-18, quoting from 56 Am.Jur.2d Municipal Corporations, Etc. § 69:
The legal as well as the popular idea of a municipal corporation in this country, both by name and use, is that of oneness, community, locality, vicinity; a collective body, not several bodies, a collective body of inhabitants — that is, a body of people collected or gathered together in one mass, not separated into distinct masses, and having a community of interest because residents of the same place, not different places. So, as to territorial extent, the idea of a city is one of unity, not of plurality; of compactness or contiguity, not separation or segregation.
We therefore grant the petition for certiorari and quash the order of the circuit court.
Petition GRANTED; Order QUASHED.
DANIEL, J. and EVANS, V.W., Jr., Associate Judge, concur. . § 171.081, Fla.Stat. (1987).
. In City of Deerfield Beach the supreme court declared:
We hold that where full review of administrative action is given in the circuit court as a matter of right, one appealing the circuit court’s judgment is not entitled to a second full review in the district court. Where a party is entitled as a matter of right to seek review in the circuit court from administrative action, the circuit court must determine whether procedural due process is accorded, whether the essential requirements of the law have been observed, and whether the adminis trative findings and judgment are supported by competent substantial evidence. The district court, upon review of the circuit court’s judgment, then determines whether the circuit court afforded procedural due process and applied the correct law.
419 So. 2d at 626.
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Cnty. OF Volusia v. City OF Deltona, 925 So. 2d 340 (Fla. 5th DCA 2006)…contiguous. Property is contiguous when “[a] substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality.” § 171.031(11); see also Sanford v. Seminole County, 538 So. 2d 113, 115 (Fla. 5th DCA 1989) (noting that “contiguous” in annexation has been defined as “touching or adjoining in a reasonably substantial ... sense”). Local rights-of-way, utility easements, railroad rights-of-way, and like entities may not be an [*34…
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City OF Ctr. Hill v. McBRYDE, 952 So. 2d 599 (Fla. 5th DCA 2007)…ion 171.013 does not define the terms “pockets” or “finger areas in serpentine patterns.” Instead, the only definition of the term “pockets,” in the context of annexation compactness, was provided by this Court in City of Sanford v. Seminole County, 538 So. 2d 113 (Fla. 5th DCA 1989). In that case, the circuit court determined that an annexation was impermissible because the proposed annexation “tend[ed] to create pockets of unincorporated property....” Id. at 114. On review, this Court recognized that the an…
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Cnty. OF Volusia v. Consol. Pre-Stressed Concrete, Inc., 653 So. 2d 398 (Fla. 5th DCA 1995)…ed by substantial, competent evidence. City of Deerfield Beach; Department of Highway Safety and Motor Vehicles v. Satter, 643 So. 2d 692 (Fla. 5th DCA 1994); Rivera v. Dawson, 589 So. 2d 1385 (Fla. 5th DCA 1991); City of Sanford v. Seminole County, 538 So. 2d 113 (Fla. 5th DCA 1989). Thus, the circuit court also improperly placed the burden on Volusia County to demonstrate a justification for its actions rather than determining whether those actions were supported by substantial, competent evidence. For the…
Previewing 3 of 4 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)
- City OF Sunrise v. Broward Cnty., 473 So. 2d 1387 (Fla. 4th DCA 1985)
- City OF Lake Mary v. Cnty. OF Seminole, 419 So. 2d 737 (Fla. 5th DCA 1982)
- City OF Tampa v. Hillsborough Cnty., 504 So. 2d 10 (Fla. 2d DCA 1986)
- Woodford MAY v. LEE Cnty., 483 So. 2d 481 (Fla. 2d DCA 1986)