Manatee County v. Estech General Chemicals Corp., 80-1375
| Decision Date | 12 August 1981 |
| Docket Number | No. 80-1375,80-1375 |
| Citation | 402 So.2d 75 |
| Parties | MANATEE COUNTY, a political subdivision of the State of Florida, Petitioner, v. ESTECH GENERAL CHEMICALS CORPORATION, Respondent. |
| Court | Florida District Court of Appeals |
E. N. Fay, Jr. of Mann & Fay, Chartered, Bradenton, for petitioner.
John R. Blue and J. B. Donnelly of Grimes, Goebel, Parry, Blue, Boylston & McGuire, Bradenton, for respondent.
Manatee County petitions for common law certiorari to review the order below granting a motion to compel discovery and granting a motion to strike affirmative defenses. We grant certiorari to quash the order compelling discovery.
Respondent Estech General Chemicals Corporation (Estech) sought review below of petitioner Manatee County's denial of Estech's application for approval of a development of regional impact under sections 380.06 et seq., Florida Statutes (1979). The complaint alleged a taking of Estech's land without just compensation and sought damages, both apparently pursuant to the judicial review provisions of section 380.085, Florida Statutes (1979). After pleadings were filed in the suit below, Estech deposed one of the Manatee County commissioners. The commissioner refused to answer numerous questions generally concerning the reasons for her vote to disapprove the application for a DRI and what evidence she considered in making her decision to vote against the approval. Respondent moved to compel answers to the questions. The court granted the motion to compel, apparently in the mistaken belief that respondent was entitled to know the factual basis for the commissioner's decision. Petitioner Manatee County then filed this action for review of the order below under common law certiorari.
Certiorari is the proper method to review the grant of a discovery order. Zuberbuhler v. Division of Administration, 344 So.2d 1304 (Fla.2d DCA 1977); Winn Dixie Stores, Inc. v. Belcher, 144 So.2d 863 (Fla.2d DCA 1962).
We start our review by noting that discovery is usually permitted only on matters reasonably calculated to lead to admissible evidence. Brooks v. Owens, 97 So.2d 693 (Fla.1957); Fla.R.Civ.P. 1.280(d)(1). The right to discovery thus does not extend to matters which are not directly relevant and which cannot reasonably lead to relevant matters. Miami v. Fraternal Order of Police, 346 So.2d 100 (Fla.3d DCA 1977); Hoogland v. Dollar Land Corporation, Ltd., 330 So.2d 509 (Fla. 4th DCA 1976). We hold that the questions asked below fall under the above principles. The issues in an action alleging a taking of land, or inverse condemnation, involve only the effect of governmental action on the use of the land. The question is simply whether the governmental action was a "taking." See Edwards Dairy, Inc. v. Pasco Water Authority, Inc., 378 So.2d 866 (Fla.2d DCA 1979). The motive of the governmental entity in taking...
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