PLANNING AND ZONING BOARD OF THE TOWN OF ORANGE PARK, ETC., APPELLANT,
v.
JOHN EAGER AND MELISSA EAGER, APPELLEES
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Florida appellate court reversed a circuit court's grant of certiorari to the planning and zoning board, holding that the property owners failed to exhaust administrative remedies by appealing to town council before seeking judicial review, and the board's denial of the zoning exception was not arbitrary.
A petition for certiorari challenging a zoning board's denial of a zoning exception is premature when the petitioner has not exhausted the available administrative remedy of appealing to the town council.
[1] A party seeking judicial review of a zoning board decision must exhaust available administrative remedies, including appeal to the town council, before certiorari will be…
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Join FLexlaw to unlock all legal intelligenceThe planning and zoning board of Orange Park denied appellees' request for a zoning exception to permit use of a 7.5-acre residential tract for a scho…
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SMITH, Acting Chief Judge.
The planning and zoning board of the Town of Orange Park appeals from a circuit court judgment granting appellees’ petition for writ of certiorari and ordering the Town to grant a zoning exception in a residential area to permit use of a seven and a half acre tract for a school. The board denied the exception on several stated grounds, among them that the property is too small for a school and that noise, traffic and other characteristics of a school would be inharmonious in the neighborhood. Appellees did not appeal to the Orange Park town council, as was their right under the ordinance code.
There was no showing in the circuit court that an appeal to the town council would have been futile. The council heard a prior appeal with evident consideration and concern. Resort to the circuit court was premature and certiorari should have been denied. See Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla.1961); DeCarlo v. Town of West Miami, 49 So. 2d 596 (Fla.1950). Nor did the record before the circuit court demonstrate that the board acted arbitrarily. The assigned reasons for denying the exception had a basis in the informal record and were fairly debatable. Rinker Materials Corp. v. Citizens and Property Owners, etc., 313 So. 2d 80 (Fla. 4th DCA 1975).
REVERSED.
ERVIN and MELVIN, JJ., concur.
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Citator
Cited By
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State v. Falls Chase Special Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1982)…hell, 346 So. 2d 562 (Fla. 1st DCA 1977), cert. den., 358 So. 2d 132 (Fla.1978); General Electric Credit Corp. of Georgia v. Metropolitan Dade County, 346 So. 2d 1049 (Fla. 3d DCA 1977); Planning and Zoning Board of the Town of Orange Park v. Kager, 351 So. 2d 402 (Fla. 1st DCA 1977); Kaufman v. Machiedo, 357 So. 2d 739 (Fla. 3d DCA 1978), cert. den., 364 So. 2d 888 (Fla.1978); and Florida Power Corp. v. Advance Mobile Homes, Inc., 386 So. 2d 897 (Fla. 5th DCA 1980), pet. rev. den., 394 So. 2d 1151 (Fla.1981)…
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Halifax Area Council ON Alcoholism v. City OF Daytona Beach, 385 So. 2d 184 (Fla. 5th DCA 1980)…specifically found that no useful purpose would be served by allowing the Board of Adjustment to consider the matter because the Planning Board and the City Commission had already ruled adversely to appellant. See also Town of Orange Park v. Eager, 351 So. 2d 402 (Fla. 1st DCA 1977). We also note that not only did the ultimate administrative body, the City Commission, rule on the matter without requiring a Board determination, but appellant received a potentially misleading letter from the City Building Offi…
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Diplast v. Dade Cnty., 47 Fla. Supp. 89 (Dade Cty. Cir. Ct. 1978)…A 1973); City of Coral Gables v. Sakolsky, 215 So. 2d 329, 334-5 (Fla. 3d DCA 1968); DeCarlo v. West Miami, 49 So. 2d 596 (Fla. 1950). Its application to zoning cases is also well settled. Planning & Zoning Board of the Town of Orange Park v. Kager, 351 So. 2d 402 (Fla. 1st DCA 1977); General Electric Credit Corporation of Georgia v. Metropolitan Dade County, 346 So. 2d 1049 (Fla. 3d DCA 1977). The plaintiff has sought an avoidance of well-established administrative procedures by prematurely filing this laws…
Authorities Cited
- Odham v. Foremost Dairies, Inc., 128 So. 2d 586 (Fla. 1961)
- De Carlo v. Town of W. Miami, 49 So. 2d 596 (Fla. 1950)
- Rinker Materials Corp. v. Citizens & Prop. Owners OF the Seventh Ave. Neighborhood, 313 So. 2d 80 (Fla. 4th DCA 1975)