Friends of the Everglades, Inc. v. City of Miami, BH-181

• Decision Date: 13 March 1986
• Docket Number: No. BH-181,BH-181
• Parties: 11 Fla. L. Weekly 651 FRIENDS OF THE EVERGLADES, INC., a nonprofit Florida corporation, Appellant, v. The CITY OF MIAMI, Florida, South Florida Regional Planning Council; Florida Department of Community Affairs; and Grove Bay Plaza, Ltd., Appellees.
• Court: Florida District Court of Appeals

Page 856

485 So.2d 856

11 Fla. L. Weekly 651

FRIENDS OF THE EVERGLADES, INC., a nonprofit Florida corporation, Appellant, v. The CITY OF MIAMI, Florida, South Florida Regional Planning Council; Florida Department of Community Affairs; and Grove Bay Plaza, Ltd., Appellees.

No. BH-181.

District Court of Appeal of Florida,

First District.

March 13, 1986.

Michael F. Chenoweth, P.A., Miami, for appellant.

Lucia A. Dougherty, City Atty., Joel E. Maxwell, Asst. City Atty., Miami, for appellee/City of Miami.

Samuel S. Goren, of Josias & Goren, Ft. Lauderdale, for appellee/South Florida Regional Planning Council.

Paul R. Bradshaw, Tallahassee, for appellee/Florida Dept. of Community Affairs.

Alan S. Gold and Anthony J. O'Donnell, Jr., of Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for appellee/Grove Bay Plaza, Ltd.

SMITH, Judge.

Friends of the Everglades, Inc. (Friends) appeals a final order of the Florida Land and Water Adjudicatory Commission (FLWAC) dismissing for lack of standing its appeal from the City of Miami's development order regarding the Terremark Centre, a development of regional impact (DRI). Section 380.07, Florida Statutes (1983) permits only the developer or owner, the Department of Community Affairs, or the regional planning agency to appeal a DRI development order to the FLWAC. We affirm.

The issues raised in this appeal have already been litigated and decided adversely to Friends in Friends of the Everglades, Inc. v. Zoning Board, Monroe County, 478 So.2d 1126 (Fla. 1st DCA 1985), and Friends of the Everglades, Inc. v. Board of County Commissioners of Monroe County, 456 So.2d 904 (Fla. 1st DCA 1984), rev. den., 462 So.2d 1108 (Fla.1985). In fairness to Friends, we note that our decision in Friends of the Everglades, Inc. v. Zoning Board, Monroe County had not been published when this appeal was instituted.

AFFIRMED.

BOOTH, C.J., and WENTWORTH, J., concur.