HOLIDAY ISLE RESORT & MARINA ASSOCIATES AND JOE ROTH, PETITIONERS,
v.
MONROE COUNTY, AND THE MONROE COUNTY CODE ENFORCEMENT BOARD, RESPONDENTS
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The Florida District Court of Appeal reversed the circuit court's dismissal of appeals from Monroe County Code Enforcement Board decisions, holding that constitutional claims are properly cognizable in appeals under Florida Statute Section 162.11, contrary to the lower court's determination that only non-constitutional issues could be raised.
Constitutional claims are properly cognizable on appeals to circuit court from final orders of enforcement boards taken pursuant to Section 162.11, Florida Statutes. The circuit court erred in dismissing the appeals based solely on the petitioners' raising constitutional issues.
[1] Constitutional claims are properly cognizable on an appeal to the circuit court from a final order of a code enforcement board pursuant to Section 162.11, Florida Statute…
[2] A circuit court improperly refuses to entertain an appeal on the merits when it dismisses the appeal solely on the basis that constitutional claims cannot be raised.
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Join FLexlaw to unlock all legal intelligence“constitutional claims such as those [raised by the petitioners herein] are properly cognizable on an appeal to the circuit court from a final order of an enforcement board taken pursuant to Section 162.11, Florida Statutes (1989)”
The court's core holding establishing that constitutional claims may be raised in Section 162.11 appeals, overruling the circuit court's contrary determination.
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Join FLexlaw to unlock all legal intelligenceHoliday Isle Resort and Marina Associates and Joe Roth appealed adverse orders from the Monroe County Code Enforcement Board to circuit court under Se…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This is a consolidated petition for a writ of certiorari which seeks review of two circuit court orders dismissing appeals taken under Section 162.11, Florida Statutes (1989), by Holiday Isle Resort and Marina Associates and Joe Roth [petitioners] from adverse orders of the Monroe County Code Enforcement Board. The stated basis for dismissing these appeals was that:
“Appellants have raised only constitutional issues in their brief. The [c]ourt finds that constitutional claims may not be raised in an appeal to the [cjircuit [c]ourt under Chapter 162, Florida Statute.”
The constitutional issues raised by the petitioners in their brief in each appeal were that: (1) the Monroe County ordinance creating the Monroe County Code Enforcement Board was facially unconstitutional; and (2) the actions of the Monroe County Code Enforcement Board in this case deprived the petitioners of certain fundamental constitutional rights. Monroe County and the Monroe County Code Enforcement Board [respondents] urge that petitioners’ sole remedy in this case was to file a complaint for declaratory relief under Chapter 86, Florida Statutes (1989).
We conclude that procedural due process has not been accorded to the petitioners because the circuit court has improperly refused to entertain petitioners’ appeals on the merits, and that accordingly a writ of certiorari lies to quash the circuit court orders of dismissal. Education Dev. Center, Inc. v. City of West Palm Beach Zoning Bd. of Appeals, 541 So. 2d 106, 108 (Fla.1989); City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla.1982). Contrary to the circuit court’s determination, constitutional claims such as those raised by the petitioners herein are properly cognizable on an appeal to the circuit court from a final order of an enforcement board taken pursuant to Section 162.11, Florida Statutes (1989), see Key Haven Assoc. Enters. v. Board of Trustees of the Internal Improvement Trust Fund, 427 So. 2d 153, 156-58 (Fla.1983).
The petition for writ of certiorari is granted, the orders of dismissal under review are quashed, and the cause is remanded to the circuit court with directions to reinstate the instant appeals. We, of course, express no views on the merits of the constitutional issues presented by these appeals, as this is for the circuit court to determine.
Certiorari granted.
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Citator
Cited By (12 total)
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Raleigh Wilson, Sr. v. Cnty. OF Orange, 881 So. 2d 625 (Fla. 5th DCA 2004)…urt of the order imposing fines. Section 162.11, Florida Statutes, provides for an appeal of CEB final orders, which has been held to be the proper forum to address constitutional claims. See Holiday Isle Resort & Marina Associates v. Monroe County, 582 So. 2d 721, 721 (Fla. 3d DCA 1991) (holding that appeal under section 162.11 was proper forum to raise both facial and as applied constitutional challenges to code enforcement procedure). Accordingly, the Wilsons could have raised their constitutional challeng…
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Kirby v. City OF Archer, 790 So. 2d 1214 (Fla. 1st DCA 2001)…e action. “[Constitutional claims ... are properly cognizable on an appeal to the circuit court from a final order of an enforcement board taken pursuant to section 162.11, Florida Statutes.... ” Holiday Isle Resort & Marina Assoc. v. Monroe County, 582 So. 2d 721-722 (Fla. 3d DCA 1991); see also Sanford v. Rubin, 237 So. 2d 134, 137 (Fla.1970)(“Constitutional issues, other than those constituting fundamental error, are waived unless timely raised.”). Accordingly, the order on appeal is affirmed. ALLEN, C.J…
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Holiday Isle Resort & Marina v. Monroe Cnty. & the Monroe Cnty. Code Enf't Bd., 582 So. 2d 722 (Fla. 3d DCA 1991)…PER CURIAM. The petition for certiorari is granted. The order below dismissing the appeal is quashed and the cause is remanded for reinstatement of the appeal. Holiday Isle Resort & Marina Assocs. v. Monroe County, 582 So. 2d 721 (Fla. 3d DCA 1991).…
Previewing 3 of 12 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)
- KEY Haven Associated Enters., Inc. v. Bd. OF Trs. OF the Internal Improvement Tr. Fund, 427 So. 2d 153 (Fla. 1982)
- Educ. Dev. Ctr., Inc. v. City OF W. Palm Beach Zoning Bd. OF Appeals, 541 So. 2d 106 (Fla. 1989)
- State v. Green, 541 So. 2d 106 (Fla. 1989)