Jensen Beach Land Co., Inc. v. Citizens for Responsible Growth of Treasure Coast, Inc.
| Decision Date | 21 October 1992 |
| Docket Number | No. 92-0851,92-0851 |
| Parties | 17 Fla. L. Week. D2410 JENSEN BEACH LAND COMPANY, INC., Petitioner, v. CITIZENS FOR RESPONSIBLE GROWTH OF THE TREASURE COAST, INC., The North River Shores Homeowners' Association, Inc., Dennis Kahle, Pam Kahle, Zachary Williams, Matthew Kemp, and Martin County, a political subdivision of the State of Florida, Respondents. |
| Court | Florida District Court of Appeals |
Harold G. Melville of Melville & Fowler, P.A., Fort Pierce, and Edna L. Caruso, of Edna L. Caruso, P.A., West Palm Beach, for petitioner.
Thomas J. Baird of Thomas J. Baird, P.A., Palm Beach Gardens, for respondents.
Richard E. Gentry, and Robert M. Rhodes and John G. Van Laningham, of Steel Hector & Davis, Tallahassee, for amicus-Florida Home Builders Ass'n.
The developer/intervenor below seeks review by certiorari of the circuit court's order, entered in its appellate capacity, wherein the court held that the Development of Regional Impact (DRI) development order and the Planned Unit Development (PUD) agreement were inconsistent with Martin County's comprehensive plan.
We understand Section 163.3215, Florida Statutes (1991), to require that a court challenge to the consistency of a zoning order with the comprehensive plan which does not merely seek a temporary restraining order to prevent immediate and irreparable harm be preceded by timely filing of a complaint with the entity that entered the order. Because this condition precedent was not met, we find that the circuit court lacked jurisdiction to hear this matter. See Emerald Acres Investments, Inc. v. Board of County Comm'rs of Leon County, 601 So.2d 577 (Fla. 1st DCA 1992), question certified on reh'g, 17 F.L.W. 1688 (Fla. 1st DCA July 9, 1992); Leon County v. Parker, 566 So.2d 1315 (Fla. 1st DCA 1990); cf Battaglia Fruit Co. v. City of Maitland, 530 So.2d 940 (Fla. 5th DCA), cause dismissed, 537 So.2d 568 (Fla.1988). Accordingly, we grant the petition and quash the circuit court's order.
We decline to act on petitioner's request for tolling of times stated in the DRI development order and the PUD agreement, without prejudice to petitioner's seeking relief from the County Board of Commissioners or other appropriate authority.
The issue of jurisdiction and the provisions of section 163.3215 were not raised in ...
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City of Coconut Creek v. City of Deerfield Beach
...district that has considered the issue that the action should be dismissed. See Jensen Beach Land Co. v. Citizens for Responsible Growth of the Treasure Coast, Inc., 608 So.2d 509, 510 (Fla. 4th DCA 1992) ("We understand Section 163.3215... to require that a court challenge the consistency ......
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Poulos v. Martin County, 96-2853
...court has referred to the scope of the proceedings under section 163.3215. Jensen Beach Land Co. v. Citizens for Responsible Growth of the Treasure Coast, Inc., 608 So.2d 509 (Fla. 4th DCA 1992). The circuit court in Jensen Beach, in an action brought pursuant to section 163.3215, found a d......
- Citizens for Responsible Growth of the Treasure Coast, Inc. v. Jensen Beach Land Co., Inc.
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RENAISSANCE II CONDOMINIUM ASSO. INC. v. City of Pompano Beach, No. 4D99-4001
...directed verdict of the appellant's declaratory action. We affirm as to both. See Jensen Beach Land Co., Inc. v. Citizens for Responsible Growth of the Treasure Coast, Inc., 608 So.2d 509 (Fla. 4th DCA 1992). WARNER, C.J., GROSS and HAZOURI, JJ., ...