FRED KELLER, TRUSTEE, APPELLANT,
v.
TOWN OF PALM BEACH, APPELLEE
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The court affirmed that the trial court lacked subject matter jurisdiction over a declaratory relief action challenging a local zoning ordinance's setback requirement, but remanded to correct the disposition from summary judgment to dismissal.
A trial court lacks subject matter jurisdiction to entertain a declaratory relief action challenging a local government's zoning decision, which must instead be reviewed by certiorari.
[1] Local government zoning decisions regarding building permits and development orders are quasi-judicial matters subject to certiorari review, not declaratory relief action…
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Join FLexlaw to unlock all legal intelligence“decisions of local governments regarding the issuance of building permits, site plans and other development orders are quasi-judicial and, therefore, subject to certiorari review by the courts”
Court citing Park of Commerce Assocs. v. City of Delray Beach to establish that zoning decisions require certiorari review, not declaratory relief
Fred Keller sought declaratory relief to determine whether his property satisfied a fifteen-foot side-yard setback requirement under the Town of Palm …
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PER CURIAM.
This is an appeal from an order of the trial court entering summary judgment for the defendant/appellee, Town of Palm Beach, in an action seeking declaratory relief. Appellant, Fred Keller, brought the action requesting the court to declare whether, under a local zoning ordinance, his property included the necessary side-yard setback (fifteen feet) to allow a second-story addition to the east side of the dwelling.
We affirm the trial judge’s finding that it lacked subject matter jurisdiction to entertain appellant’s declaratory relief action, but we remand with instructions that the appropriate disposition is dismissal of the complaint, not summary judgment in favor of the Town of Palm Beach. See Park of Commerce Assocs. v. City of Delray Beach, 636 So. 2d 12 (Fla.1994) (affirming the principle that decisions of local governments regarding the issuance of building permits, site plans and other develop ment orders are quasi-judicial and, therefore, subject to certiorari review by the courts); Grace v. Town of Palm Beach, 656 So. 2d 945 (Fla. 4th DCA 1995) (affirming trial court’s dismissal of declaratory judgment action on ground that it lacked subject matter jurisdiction where the petitioners sought review of local government’s zoning decisions by declaratory relief and not certiorari).
REMANDED for correction of the final order. DELL, POLEN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Park OF Commerce Assocs. v. City OF Delray Beach, 636 So. 2d 12 (Fla. 1994)
- Grace v. Town OF Palm Beach, 656 So. 2d 945 (Fla. 4th DCA 1995)