THE VILLAGE OF NORTH PALM BEACH, A FLORIDA MUNICIPAL CORPORATION, APPELLANT,
v.
THE SCHOOL BOARD OF PALM BEACH COUNTY, A CORPORATION, AND WALTER E. WADSWORTH D/B/A WADSWORTH AND SABRICE CONSTRUCTION, APPELLEES
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The Village of North Palm Beach appealed the denial of a temporary injunction to stop the School Board from constructing a library building on school property that allegedly violated the village's zoning setback requirements. The court reversed and adopted the balancing-of-public-interests test as the proper framework for resolving zoning conflicts between different governmental bodies.
The court reversed the trial court's order denying the temporary injunction and remanded for further proceedings under the balancing-of-public-interests test. The court rejected the rigid governmental function versus proprietary function test and adopted the balancing-of-public-interests test as the proper framework for resolving zoning conflicts between governmental bodies absent statutory authority.
[1] In the absence of statutory authority, the balancing-of-public-interests test governs disputes between governmental bodies regarding the applicability of zoning requireme…
[2] The balancing-of-public-interests test, rather than the governmental function versus proprietary function test, provides greater flexibility in resolving zoning conflicts…
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Join FLexlaw to unlock all legal intelligence“In cases of governmental disputes as to whether zoning requirements of one governmental body applies to another governmental body when seeking to use land contrary to applicable zoning regulations, the balancing-of-public-interests test (sometimes referred to as the balancing-of-competing-public-interests test), in the absence of statutory authority, allows for the greatest flexibility and fairness in determining the issue.”
Establishes the court's adoption of the balancing-of-public-interests test as the proper framework for resolving zoning conflicts between governmental bodies.
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Join FLexlaw to unlock all legal intelligenceThe Village of North Palm Beach initiated an action to enjoin the School Board of Palm Beach County from constructing a library building on an existin…
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CROSS, Judge.
Appellant-plaintiff, The Village of North Palm Beach, a Florida municipal corporation, seeks review by interlocutory appeal of an order denying a temporary injunction entered in favor of appellees-defendants, The School Board of Palm Beach County, et al., in an action to enjoin construction of a library building. We reverse.
This action was initiated by The Village of North Palm Beach seeking to temporarily and permanently enjoin The School Board from constructing a library building on an existing school site, the construction of which allegedly would violate the setback requirements of the village zoning ordinance. After a hearing, the trial court declined to enter a temporary injunction prohibiting the erection of the library building. This appeal then followed.
In cases of governmental disputes as to whether zoning requirements of one governmental body applies to another governmental body when seeking to use land contrary to applicable zoning regulations, the balancing-of-public-interests test (sometimes referred to as the balancing-of-competing-public-interests test), in the absence of statutory authority, allows for the greatest flexibility and fairness in determining the issue. Therefore, we adopt the balancing-of-public-interests test for resolving zoning conflicts between different governmental bodies, and reject the rigid governmental function versus proprietary function test. Orange County v. City of Apopka, 299 So. 2d 652 (Fla. 4th DCA 1974).
Since we do so, the order of the trial court is reversed and the cause remanded for further proceedings consistent with the views herein expressed.
Reversed and remanded.
MAGER, J., concurs.
DOWNEY, J., concurs specially.
DOWNEY, Judge,
specially concurring.
A governmental agency is immune from municipal zoning only if a statute immunizes the agency from such zoning. City of Temple Terrace v. Hillsborough Ass’n, etc., 322 So. 2d 571 (Fla.2d DCA 1975), affirmed Hillsborough Ass’n, etc. v. City of Temple Terrace, 332 So. 2d 610 (Fla.1976); Rutgers State University v. Piluso, 60 N.J. 142, 286 A. 2d 697 (1972).
In the present case no statute immunizes the appellee School Board, a governmental agency, from the application of municipal zoning ordinances. Under such circumstances, as the majority opinion points out, the trial court should apply a balancing of the interests test in deciding whether the appellant Village’s zoning ordinances apply to the appellee Board. See cases cited above.
For the foregoing reasons I concur in the decision to reverse the order under review and remand the cause for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
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City OF Hollywood v. S. Broward Hosp. Dist., 504 So. 2d 1308 (Fla. 4th DCA 1987)…icability of the statute relied on in the opinion. Moreover, Apopka involves a suit for a declaratory judgment initially filed in circuit court. . Our attention is also directed to Village of North Palm Beach v. School Board of Palm Beach County, 349 So. 2d 683 (Fla. 4th DCA 1977) for the same proposition. However, this case had its origin in the circuit court rather than before administrative bodies.…
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Pal-Mar Water Mgmt. Dist. v. Martin Cnty., 377 So. 2d 752 (Fla. 4th DCA 1979)…t. Orange County v. City of Apopka, 299 So. 2d 652 (Fla. 4th DCA 1974). This was followed in Palm Beach County v. Town of Palm Beach, 310 So. 2d 384 (Fla. 4th DCA 1975); City of Temple Terrace, supra; and Village of North Palm Beach v. School Board, 349 So. 2d 683 (Fla. 4th DCA 1977). The rule is therefore well established that the test applies in those instances when one government proposes action contrary to the host government’s pure zoning requirements. Although each of the cited cases involves an intrudi…
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The City OF Orlando v. The Sch. Bd. OF Orange Cnty., 362 So. 2d 694 (Fla. 4th DCA 1978)…l steps are to be followed in the resolution of land-use disputes between the School Board and the city. With regard to the first question this Court has already decided the issue in Village of North Palm Beach v. School Board of Palm Beach County, 349 So. 2d 683 (Fla.4th DCA 1977). Unfortunately, the trial court did not have this decision available at the time he certified the questions to us. Nevertheless, we adhere to our ruling in the Village of North Palm Beach case and accordingly answer the first ques…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Orange Cnty. v. The City OF Apopka, 299 So. 2d 652 (Fla. 4th DCA 1974)
- City OF Temple Terrace v. Hillsborough Ass'n FOR Retarded Citizens, Inc., 322 So. 2d 571 (Fla. 2d DCA 1975)
- Hillsborough Ass'n FOR Retarded Citizens, Inc. v. City OF Temple Terrace, 332 So. 2d 610 (Fla. 1976)