JAMES W. KERN, TRUSTEE, APPELLANT,
v.
MIAMI-DADE COUNTY, APPELLEE
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Kern appealed the denial of his rezoning request and filed a declaratory action challenging the constitutionality of Miami-Dade County's zoning statute on equal protection grounds. The trial court granted summary judgment for the county, finding Kern lacked standing because his rezoning application was denied unanimously and he would not benefit from a finding that the statute was unconstitutional.
Kern lacked standing to challenge section 33-313 because his rezoning application was denied unanimously and he would not benefit from a judicial finding that the statute was unconstitutional.
[1] A party lacks standing to challenge the constitutionality of a statute when they would not benefit from a ruling that the statute is unconstitutional.
[2] A plaintiff must demonstrate a direct and tangible benefit from a favorable ruling to establish standing to challenge a statute's constitutionality.
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Join FLexlaw to unlock all legal intelligence“Kern lacks standing to challenge the constitutionality of section 33-313 because Kern, whose rezoning application was denied unanimously, would not benefit from a finding by this Court that section 33-313 was unconstitutional.”
The court's holding establishing the basis for denying Kern standing to bring the declaratory action.
Kern's rezoning request was denied by the Community Zoning Appeals Board. Kern appealed to the Board of County Commissioners, where all nine commissio…
The full statement of facts, procedural history, and disposition for this case are member content.
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GODERICH, Judge.
We affirm the entry of final summary judgment finding that the plaintiff, James W. Kern, lacks standing to bring the underlying declaratory action.
Kern’s request for rezoning was denied by the Community Zoning Appeals Board [CZAB], Kern appealed the decision to the Board of County Commissioners, pursuant to section 33-313, Code of Miami-Dade County1. At the County Commission hearing, nine of the thirteen County Commissioners were present, and all nine voted to deny the zoning request.
Kern petitioned the appellate division of the circuit court for certiorari review. Kern’s petition was denied on the basis that the County Commission’s decision to deny the zoning request was based on substantial competent evidence. Kern v. Miami-Dade County, Case No. 99-008 (11th Cir.Ct., App.Div., August 25, 1999). Kern’s petition to this Court for certiorari review was also denied. Kern v. Miami-Dade County, Case No. 99-2438 (Fla. 3d DCA Jan. 20, 2000).
In the interim, Kern filed the action below seeking declaratory and injunctive relief. Kern alleged that section 33-313 violates the equal protection guarantees provided by the U.S. and Florida Constitutions. Kern argued that section 33-313 denies equal protection because it requires a two-thirds vote of the County Commission to reverse a CZAB decision to deny a zoning application, but only requires a simple majority vote to reverse a CZAB decision for approval. Miami-Dade County filed an answer denying that section 33-313 violated the guarantees of equal protection.
The parties filed cross-motions for summary judgment, and the trial court entered final summary judgment in favor of Miami-Dade County. Kern’s appeal follows.
Miami-Dade County argues, and we agree, that Kern lacks standing to challenge the constitutionality of section 33-313 because Kern, whose rezoning application was denied unanimously, would not benefit from a finding by this Court that section 33-313 was unconstitutional. See Sasnett v. Tampa Elec. Co., 513 So. 2d 157 (Fla. 2d DCA 1987).
Accordingly, we affirm.
. Section 33-313 provides, in relevant part:
By resolution, the Board [of County Commissioners] shall either affirm, modify or reverse the Community .Zoning Appeals Board's decision and such action of the County Commission shall be by a majority vote of all members present except that a two-thirds 0$) vote of all members then in office shall be required to reverse any Community Zoning Appeals Board decision denying a request for zoning action or to approve any Development of Regional Impact or related request pursuant to Section 33-314 where a Community Zoning Appeals Board’s recommendation is for denial.