City of Gainesville v. Scotty's, Inc., BL-205
| Decision Date | 04 June 1986 |
| Docket Number | No. BL-205,BL-205 |
| Parties | 11 Fla. L. Weekly 1262 CITY OF GAINESVILLE, Petitioner, v. SCOTTY'S, INC., Respondent. |
| Court | Florida District Court of Appeals |
Richard T. Jones, of Jones & Carter, Gainesville, for petitioner.
Karen K. Meyer, of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa; and Stephen A. Rappenecker, Gainesville, for respondent.
The City of Gainesville (City) petitions for a writ of common law certiorari to review the order below granting a motion to compel discovery. We grant certiorari and quash the order.
Respondent Scotty's Inc. (Scotty's) filed suit against the City alleging causes of action for inverse condemnation, arbitrary and capricious exercise of police power, equitable estoppel and discrimination pursuant to 42 U.S.C. § 1983. The suit arose out of the City's rezoning of a piece of property which Scotty's had leased with the intention of developing. After various pleadings were filed Scotty's deposed several of the City's commissioners. According to the petition, Scotty's sought to elicit testimony from the commissioners concerning their individual motives in voting for the zoning changes. The commissioners declined to answer the questions on the advice of the City's attorney. Scotty's filed a motion to compel asking the court to direct the commissioners "to answer questions at discovery depositions about their motives and intent with respect to each of the successive zoning changes at issue in this action." The court granted the motion to compel, and the City sought review of the order by this petition for writ of certiorari.
Discovery is usually permitted only on matters which are relevant or which are reasonably calculated to lead to the discovery of admissible evidence. Fla.R.Civ.P. 1.280. The right of discovery does not extend to matters which are irrelevant or which cannot reasonably be expected to lead to the discovery of relevant matters. In the instant case Scotty's attempt to inquire into the commissioners' motives in enacting the zoning changes was improper. The fact that a cause of action was alleged pursuant to 42 U.S.C. § 1983 does not overcome the widely accepted tenet that the motives of municipal commissioners in enacting ordinances of a legislative character are irrelevant and are not the proper subject of judicial inquiry. City of Pompano Beach v. Big Daddy's, Inc., 375 So.2d 281 (Fla.1979); City of Miami Beach v. Schauer, 104...
To continue reading
Request your trial
-
Rainbow Lighting, Inc. v. Chiles
...of the commission and the persons before it which induced passage of the ordinance are irrelevant." See City of Gainesville v. Scotty's, Inc., 489 So.2d 1196 (Fla. 1st DCA 1986); City of Miami Springs v. J.J.T., Inc., 437 So.2d 200 (Fla. 3d DCA 1983); Hardage v. City of Jacksonville Beach, ......
-
Univ. of W. Fla. Bd. of Trs. v. Habegger
...calculated to lead to the discovery of admissible evidence. SeeFla. R. Civ. P. 1.280. See also City of Gainesville v. Scotty's, Inc., 489 So.2d 1196, 1197 (Fla. 1st DCA 1986) (“The right of discovery does not extend to matters which are irrelevant or which cannot reasonably be expected to l......
-
Miami–Dade Cnty. v. Dade Cnty. Police Benevolent Ass'n
...this Court has jurisdiction to address the petitioners' writ of certiorari. See Horne, 901 So.2d at 240;City of Gainesville v. Scotty's, Inc., 489 So.2d 1196, 1197 (Fla. 1st DCA 1986); Hillsborough Cnty. v. Pinellas Cnty., 425 So.2d 1196 (Fla. 2d DCA 1983); Manatee Cnty. v. Estech Gen. Chem......
-
Univ. of W. Fla. Bd. of Trs. v. Habegger
...calculated to lead to the discovery of admissible evidence. See Fla. R. Civ. P. 1.280. See also City of Gainesville v. Scotty's, Inc., 489 So. 2d 1196, 1197 (Fla. 1st DCA 1986) ("The right of discovery does not extend to matters which are irrelevant or which cannot reasonably be expected to......