Grady v. Lee County, 83-1085
| Decision Date | 16 November 1984 |
| Docket Number | No. 83-1085,83-1085 |
| Parties | John L. GRADY and Lee County Bank, Trustee, Appellants, v. LEE COUNTY, Florida, Appellee. |
| Court | Florida District Court of Appeals |
John Charles Coleman, Fort Myers, for appellants.
James G. Yaeger, County Atty., and Neale E. Montgomery, Asst. County Atty., Fort Myers, for appellee.
The plaintiffs brought this suit to challenge a rezoning of approximately 147 acres of their Lee County land from agricultural to preservation (PR). The "PR" classification designates a preservation district under present Lee County Zoning Regulations and restricts permitted uses to nature and foot trails, canoe trails, and boating limited to motors less than 10 horsepower. The plaintiffs first appealed to the Board of County Commissioners of Lee County for a rehearing and that request was denied. The plaintiffs then brought this suit for equitable relief from the rezoning and requested, if the rezoning were upheld, that they receive an award of compensation for inverse condemnation.
The trial judge ruled that the plaintiffs' complaint was untimely because it was not filed within thirty days following the denial of the plaintiffs' request for rehearing by the Board of County Commissioners. A thirty-day time limit for applying to the circuit court for relief from a zoning decision is provided both in the special act of the legislature governing Lee County and the Lee County zoning ordinance. Chapter 61-2405, § 10, Laws of Florida; Lee County Zoning Regulations (1978), § 402.3. The trial judge computed the thirty-day time limit from the date of the adverse decision of the Board of County Commissioners. The plaintiffs vigorously argue that the thirty days should be counted from the time that decision was reduced to writing. Unfortunately, there is nothing in the special act or the ordinance which provides that the adverse decision must be in writing. Therefore, we must reject the plaintiff's argument in this respect and agree with the trial judge's determination.
However, neither the special act nor the ordinance can affect the plaintiffs' right to certiorari review by the circuit court, which is available to review zoning decisions. City of Lakeland v. Florida Southern College, 405 So.2d 745 (Fla. 2d DCA 1981). The time for invoking the certiorari jurisdiction of the circuit court is governed by the Florida Rules of Appellate Procedure. § 59.081, Fla.Stat. (1983). Under Florida Rule of Appellate Procedure 9.100(c), a petition for common law certiorari shall be filed within thirty days of rendition of the order to be reviewed. Rule 9.020(g) defines rendition as the filing of a signed, written order with the clerk of the lower tribunal.
The parties have indicated to us that the decision of the Board of County Commissioners in this case was in fact eventually reduced to writing. Therefore, if the plaintiffs' complaint is treated as a petition for common law writ of certiorari, it was timely filed. Although treating the plaintiffs' complaint as a petition for common law writ of certiorari will...
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