THE CITY OF WINTER PARK, FLORIDA, ETC., PETITIONER,
v.
JONATHAN D. RICH, ETC., ET AL., RESPONDENT
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The Florida District Court of Appeal reversed the circuit court's grant of certiorari relief to a property owner seeking a variance, holding that the owner lost standing when he sold the property during litigation and failed to amend his pleadings or assert damages.
A property owner loses standing to pursue a variance claim when he sells the property during litigation without amending pleadings or asserting damages for the alleged wrongful denial.
[1] A property owner loses standing to pursue a variance claim when he sells the property during litigation without amending pleadings to assert damages or establishing that…
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Join FLexlaw to unlock all legal intelligenceJonathan D. Rich inherited his mother's residence consisting of two lots that had been used as a single lot. He petitioned the City of Winter Park for…
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HARRIS, Judge.
Jonathan D. Rich, after inheriting his mother’s residence which had originally consisted of two separate lots but which had been used by the mother as a single lot, petitioned the City of Winter Park to permit him to again consider the lots separately and to grant him a variance from the subsequently enacted Comprehensive Plan so that he could build on the second lot. The City refused. Rich, by certiorari, took the matter to circuit court. The circuit court granted Rich relief. We reverse.
At the oral argument before the circuit court, Rich announced that he had sold the property in issue. He did not attempt to amend his circuit court pleadings which alleged him to be the property owner. He did not attempt to assert that he sold the property for less than its fair value because of the City’s action in refusing his rightful claim to a variance. In short, Rich lost standing to assert the claim then pending before the court because hé no longer owned the property at issue (the new owner might well have intended that the two lots continue to serve as a single residence) and the court, therefore, erred in denying the City’s motion to dismiss the proceedings.
Petition for Writ of Certiorari GRANTED and the decision of the trial court is REVERSED and REMANDED with instructions to withdraw the court’s judgment and to dismiss the action as moot.
PETERSON, C.J., and W. SHARP, J., concur.
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Collins v. Monroe Cnty., 999 So. 2d 709 (Fla. 3d DCA 2008)…alue of the property was not totally eliminated by enactment of the 2010 Comprehensive Plan. These Landowners have received compensation and their individual causes of action for a constitutional taking may be moot. See, City of Winter Park v. Rich, 692 So. 2d 986 (Fla. 5th DCA 1997) (holding that plaintiff who sold property at issue lacked standing to challenge city’s denial of variance to build on lot, absent allegation that he sold lot for less than fair value due to denial of variance, rendering his claim…
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