DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLANT,
v.
JIM'S NORTHWEST, INC., A FLORIDA CORPORATION, APPELLEE
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Dade County appeals a circuit court decision invalidating a Zoning Appeals Board's grant of a special exception to operate a night club. The core issue is whether a church's appearance in an exhibit before the Board gives it standing to appeal the decision to the Board of County Commissioners without having objected at the hearing.
The court held that the church is an aggrieved party with standing to appeal, and that its appearance in the exhibit before the Zoning Appeals Board gave it sufficient standing to appeal to the Board of County Commissioners. The clear wording of Section 33-302(e) compels this conclusion, and any other holding would artificially construe the ordinance contrary to legislative intent.
“That the church is an aggrieved party under these circumstances has been determined, Banyan Cafeterias, Inc., No. 3 v. Faith. Lutheran Church, Fla.1963, 151 So. 2d 426, and that its recourse from the Zoning Appeals Board decision is by way of appeal to the Board of County Commissioners.”
Establishes that the church qualifies as an aggrieved party with proper appellate recourse
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Join FLexlaw to unlock all legal intelligenceJim's Northwest, Inc. sought a special exception to enlarge its use from a bar to a night club. The Zoning Appeals Board granted the exception by a 4-…
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Plaintiff, appellee herein, sought a special exception before the Zoning Appeals Board to permit him to enlarge the use of his premises from a bar to a night club. The Zoning Appeals Board, after hearing and upon a vote of 4-3, granted the exception. The Temple Baptist Church, being located within 2,500 feet of appellee’s premises and therefore having been named by appellee on a required sketch showing location submitted pursuant to Section 33-150(g) Code of Metropolitan Dade County, appealed the decision of the Zoning Appeals Board to the Board of County Commissioners and obtained a reversal. The appellee then instituted suit in the circuit court for a declaratory decree on the church’s standing to have appealed the original ruling of the Zoning Appeals Board, appellee’s major contention being that the church had not objected at the hearing before the Zoning Appeals Board and was therefore precluded from appealing that decision. The trial court in its summary final decree declared that the appeal to the Board of County Commissioners was improperly taken, thereby rendering the board’s action null and void.
The narrow issue for our determination is whether the appearance of the church’s name in an exhibit before the Zoning Appeals Board is legally sufficient under the ordinance to give the church standing as an aggrieved party to appeal the Zoning Appeals Board’s decision to the Board of County Commissioners under Sections 33-313 1 and 33-302 (e) 2 of the Code of Metropolitan Dade County.
That the church is an aggrieved party under these circumstances has been *614determined, Banyan Cafeterias, Inc., No. 3 v. Faith. Lutheran Church, Fla.1963, 151 So. 2d 426, and that its recourse from the Zoning Appeals Board decision is by way of appeal to the Board of County Commissioners. Section 33-313, supra; Bird Road Baptist Church, Inc. v. Stevens, Fla.App. 1963, 155 So.2d 420. The clear wording of Section 33-302(e) supra, compels the conclusion that the appearance of the church in ail exhibit before the Zoning Appeals Board gave it sufficient standing to appeal to the Board of County Commissioners. Any other holding would in our view judicially engraft upon the ordinance an artificial construction and thereby change the legislative intent.
The cause is reversed and remanded with directions to dismiss the complaint.
Reversed and remanded with directions.
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Citator
Cited By
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F & R Builders, Inc. v. The Honorable N. Joseph Durant, Jr., 390 So. 2d 784 (Fla. 3d DCA 1980)…ng proceedings before the Board of County Commissioners and the Zoning Appeals Board. The Appellate Division of the Eleventh Judicial Circuit denied the motion to dismiss, evidently relying upon our decision in Dade County v. Jim’s Northwest, Inc., 171 So. 2d 612 (Fla.3d DCA 1965). That decision is readily distinguishable because there the record from the Zoning Appeals Board involved the request to enlarge the use of a permittee’s premises from that of a bar to a nightclub and mandatorily required that chur…
Authorities Cited
- Banyan Cafeterias, Inc. v. The Faith Lutheran Church OF Hialeah, 151 So. 2d 426 (Fla. 1963)
- Izquierdo v. Miramar Motors, Inc., 155 So. 2d 420 (Fla. 3d DCA 1963)