Grand Dunes, Ltd. v. Walton County, 97-1590
| Citation | 714 So.2d 473 |
| Decision Date | 12 May 1998 |
| Docket Number | No. 97-1590,97-1590 |
| Parties | 23 Fla. L. Weekly D1228 GRAND DUNES, LTD., and KPM, Ltd., Company, Appellants, v. WALTON COUNTY, Florida and Edgewater Beach Owners Association, Appellees. |
| Court | Court of Appeal of Florida (US) |
Nancy G. Linnan and Martha Harrell Chumbler of Carlton, Fields, Ward, Emmanuel Smith & Cutler, P.A., Tallahassee, for Appellants.
David A. Theriaque, Tallahassee, for Appellees.
Terrell K. Arline of 1000 Friends of Florida, Inc., Tallahassee, for Amicus Curiae in support of Appellees.
This is an appeal from a final order of the Florida Land and Water Adjudicatory Commission (FLWAC). Appellee Edgewater Beach Owners Association (EBOA) sought review by FLWAC, pursuant to section 380.07, Florida Statutes (1995), of an order entered by the Walton County Commission amending a development of regional impact (DRI) development order. An administrative law judge entered a recommended order proposing that FLWAC approve the development order and dismiss the appeal. FLWAC, however, entered a final order upholding EBOA's challenge to the development order. Appellants, the developers, brought this appeal raising several challenges to the FLWAC proceeding. We vacate the final order and remand the case with directions that EBOA's petition be dismissed for lack of standing.
After review of the case and controlling law, this court entered an order requiring supplemental briefing on the question of EBOA's standing to challenge the DRI development order in a proceeding before FLWAC. In our order, we pointed out that section 380.07(2), Florida Statutes (1995), permits only "the owner, the developer, or the state land planning agency" to appeal a DRI development order to FLWAC, and nothing in the record suggested that EBOA would qualify as one of those designated parties. Although in a prehearing stipulation the parties agreed that "EBOA has standing to bring this appeal," we were concerned that such a stipulation might amount to a prohibited stipulation to jurisdiction. Pursuant to our directions, the parties filed supplemental briefs.
This is not the first DRI development order that EBOA has challenged with regard to appellants' proposed development. Several years ago, EBOA challenged a 1993 Walton County DRI development order concerning the same property. EBOA filed a petition with FLWAC pursuant to section 380.07(2), but FLWAC determined that EBOA did not have standing to appeal the development order and dismissed the administrative appeal. When EBOA sought review before this court, we found the allegations in EBOA's petition sufficient to establish EBOA's standing as an affected land owner. See Edgewater Beach Owners Ass'n v. Board of County Comm'rs of Walton County, 645 So.2d 541, 543 (Fla. 1st DCA 1994). On remand, however, FLWAC determined that EBOA did not in fact have standing to appeal the 1993 DRI development order. On appeal, this court affirmed. Edgewater Beach Owners Ass'n v. Board of County Comm'rs of Walton County, 694 So.2d 43, 44 (Fla. 1st DCA 1997). The case before us now involves a challenge to a 1995 DRI development order. In this challenge, EBOA has never made fact allegations which, if proven, would establish its standing. Instead, the parties entered into the aforementioned stipulation before the hearing.
As we have previously observed, "[t]he DRI review process and appeal to the Land and Water Adjudicatory Commission sets up an essentially new process or cause of action." Caloosa Property Owners Ass'n v. Palm Beach County Bd. of County Comm'rs, 429 So.2d 1260, 1267 (Fla. 1st DCA 1983). "In seeking to accomplish this regulatory scheme, the legislature enumerated those parties that were charged with the responsibility of reviewing the local government's action and vested with the right to appeal an order entered by such local government." Sarasota County v. Beker Phosphate Corp., 322 So.2d 655, 658 (Fla. 1st DCA 1975). We cannot escape the fact that, in clear terms, section 380.07(2) permits only "the owner, the developer, or the state land planning agency" to appeal a DRI development order to FLWAC. See Friends of the Everglades, Inc. v. City of Miami, 485 So.2d 856 (Fla. 1st DCA 1986); Londono v. City of Alachua, 438 So.2d 91, 92 (Fla. 1st DCA 1983)( that ...
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