City of Naples Airport Authority v. City of Naples, 77-1966
| Decision Date | 16 June 1978 |
| Docket Number | No. 77-1966,77-1966 |
| Citation | 360 So.2d 48 |
| Parties | CITY OF NAPLES AIRPORT AUTHORITY, Appellant, v. CITY OF NAPLES, Appellee. |
| Court | Florida District Court of Appeals |
John F. Stanley, of Vega, Brown & Nichols, Naples, for appellant.
John G. Fletcher, City Atty., Naples, for appellee.
Appellant City of Naples Airport Authority (Authority) filed a complaint against the City of Naples (City) for a declaratory judgment as to which of the parties controls land use at the Naples Municipal Airport. The trial court dismissed the complaint for lack of jurisdiction. We hold that the dismissal was proper because the Authority's interest was not clearly made to appear on the face of the complaint, but the dismissal should have been without prejudice.
The Authority alleged in its complaint that it is a body politic created by Chapter 69-1326, Laws of Florida. Chapter 69-1326, Section 4(o ), Laws of Florida, empowers the Authority:
To exercise and perform all of the powers and perogatives (sic) conferred upon "political subdivisions" by chapter 333 Florida Statutes, with respect to the adoption, promulgation and enforcement of airport zoning regulations under the provisions of said chapter 333, Florida Statutes.
The complaint alleged that the Authority leases the airport premises from the City; that for many years, the City had issued building permits for the construction of all buildings authorized by the Authority despite the fact that the land upon which the airport is located was zoned single family residential by the City; that on August 8, 1977, Dean Steel Buildings, Inc. was refused a building permit for construction of a building at the airport; that on August 17, 1977, the Authority appealed the administrative determination, and that the City refused to issue the permit on the ground that the land upon which the building was proposed to be built was zoned residential; wherefore, the Authority sought a declaratory judgment determining who controls land use at the airport and whether the City has the power to deny building permits for the construction of buildings at the airport.
The City filed a motion to dismiss, which the trial court granted "for lack of jurisdiction."
Circuit courts have jurisdiction to entertain actions for declaratory judgment under Chapter 86, Florida Statutes (1977). However, before such an action can be maintained, it must appear that the question raised is real and not theoretical and that the party...
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East Naples Water Systems, Inc. v. Board of County Com'rs of Collier County, 83-1539
...not theoretical" and the party raising it must have "a bona fide and direct interest in the result." City of Naples Airport Authority v. City of Naples, 360 So.2d 48 (Fla. 2d DCA 1978). The party raising the question also must have an actual, present and practical need for the declaration. ......