DAYTONA BEACH KENNEL CLUB, INC., APPELLANT,
v.
DEPARTMENT OF BUSINESS, ETC., ET AL., APPELLEES
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Daytona Beach Kennel Club challenged a Department of Business and Professional Regulation order dismissing its petition to challenge a permit issued to a competitor to conduct quarter-horse races. The court affirmed the dismissal, holding that the kennel club lacked standing to challenge the permit issuance.
Daytona Beach Kennel Club lacked standing to challenge the issuance of the permit to De-Bary. The Division properly dismissed the petition without referring it to the Division of Administrative Hearings because standing is a question of law, and dismissal is appropriate where undisputed facts demonstrate lack of standing.
[1] A party must be substantially affected by the issuance of a pari-mutuel wagering permit to have standing to challenge it.
[2] The issue of standing in administrative proceedings is typically a question of law.
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Join FLexlaw to unlock all legal intelligence“On the issue of standing, we conclude the Division properly applied Agrico Chemical Co. v. Department of Environmental Regulation, 406 So. 2d 478 (Fla. 2d DCA 1981), and correctly concluded that DB Kennel Club lacked standing to challenge the issuance of a pari-mutuel wagering permit to DeBary.”
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Join FLexlaw to unlock all legal intelligenceDaytona Beach Kennel Club sought to challenge the issuance of a permit to De-Bary Real Estate Holdings, Inc. to conduct quarter-horse races in southwe…
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Appellant, Daytona Beach Kennel Club, Inc. [“DB Kennel Club”], challenges a final order of the Department of Business and Professional Regulation, Division of PariMutuel Wagering [“the Division”], dismissing with prejudice its petition for formal administrative hearing based on a determination that DB Kennel Club lacked standing. DB Kennel Club’s petition sought to challenge the issuance of a permit to De-bary Real Estate Holdings, Inc. [“De-Bary”] to conduct quarter-horse races in southwest Volusia County.
On appeal, DB Kennel Club asserts that it has standing because it is substantially affected by the issuance of the permit to DeBary. DB Kennel Club further contends the Division lacked the authority to dismiss its petition without conducting a hearing. On the issue of standing, we conclude the Division properly applied Agrico Chemical Co. v. Department of Environmental Regulation, 406 So.2d 478 (Fla. 2d DCA 1981), and correctly concluded that DB Kennel Club lacked standing to challenge the issuance of a pari-mutuel wagering permit to DeBary. See Gadsden Jai Alai, Inc. v. State of Florida, Dep’t of Bus. & Prof. Reg., Div. of Pari-Mutuel Wagering, 26 So.3d 68 (Fla. 1st DCA 2010). We further find no error in the failure to refer the petition to the Division of Administrative Hearings to conduct a hearing. The issue of standing is normally a question of law, as it was in this case. Dismissal is appropriate where undisputed facts demonstrate that a party lacks standing. See Fla. Society of Ophthalmology v. State Bd. of Optometry, 532 So.2d 1279 (Fla. 1st DCA 1988); Peace River/Manasota Reg’l Water Supply Auth. v. IMC Phosphates Co., 18 So.3d 1079, 1082-83 (Fla. 2d DCA 2009).
AFFIRMED.
GRIFFIN, PALMER and JACOBUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Agrico Chem. Co. v. Dep't OF Env't Reg., 406 So. 2d 478 (Fla. 2d DCA 1981)
- Peace River/Manasota Reg'l Water Supply Auth. v. IMC Phosphates Co., 18 So. 3d 1079 (Fla. 2d DCA 2009)
- Fla. Soc'y OF Ophthalmology v. State of Fla. Bd. OF Optometry & State of Fla. Dep't of Prof'l Reg., 532 So. 2d 1279 (Fla. 1st DCA 1988)
- Gadsden JAI Alai, Inc. v. State, 26 So. 3d 68 (Fla. 1st DCA 2010)