Sarasota County v. General Development Corp., 75--77

• Decision Date: 14 January 1976
• Docket Number: No. 75--77,75--77
• Citation: 325 So.2d 45
• Parties: SARASOTA COUNTY, Florida, a political subdivision of the State of Florida, Appellant, v. GENERAL DEVELOPMENT CORPORATION, a Foreign Corporation doing business in the State of Florida, and the City of North Port, Florida, an incorporated municipality of the State of Florida, Appellees.
• Court: Florida District Court of Appeals

Page 45

325 So.2d 45

SARASOTA COUNTY, Florida, a political subdivision of the State of Florida, Appellant, v. GENERAL DEVELOPMENT CORPORATION, a Foreign Corporation doing business in the State of Florida, and the City of North Port, Florida, an incorporated municipality of the State of Florida, Appellees.

No. 75--77.

District Court of Appeal of Florida, Second District.

Jan. 14, 1976.

Richard E. Nelson, Nelson, Payne, Hesse & Cyril, Sarasota, for appellant.

William C. Strode, Strode, Hereford & Taylor, Sarasota, for appellee Gen. Development Corp.

James H. Thompson, Thompson & Geithman, Englewood, for appellee City of North Port, Fla.

James D. Whisenand, Asst. Atty. Gen., Tallahassee, as amicus curiae for The Florida Land and Water Adjudicatory Commission.

BOARDMAN, Judge.

Appellant, Sarasota County (County), timely appeals an order dismissing its complaint for declaratory and injunctive relief filed against appellees, General Development Corporation (GDC) and the City of North Port (City).

The complaint alleged that GDC was contemplating a certain land development known as Myakka Estates, lying entirely within the City and situate in the County, which constituted a "Development of regional impact," as defined in Fla.Stat. § 380.06 (1973). GDC had obtained from the City an order approving the development. The County complained of improprieties in the procedures followed in obtaining the City's approval under § 380.06, and alleged that it was attempting to appeal this order to the Florida Land and Water Adjudicatory Commission. The complaint also asserted that GDC had recorded plats of its subdivision without the approval of the Board of County Commissioners of Sarasota County.

The complaint contained four prayers for relief, to wit: (1) a judgment declaring that GDC and the City had not complied with the requirements of Chapter 380 with regard to the approval of Myakka Estates as a development of regional impact, (2) a judgment declaring the County's right to appeal the order of approval to the Florida Land and Water Adjudicatory Commission, (3) a judgment that GDC had violated certain general and local laws concerning the recording of subdivision plats, and (4) an injunction prohibiting construction or sale of lots in the subdivision unless the plats are approved by the Board of County Commissioners. The complaint was dismissed for lack of jurisdiction over the subject matter for the reason:

. . . that the Plaintiff, SARASOTA COUNTY, is not a proper party to file an appeal to the Florida Land and Water Adjudicatory Commission, pursuant to Section 380.07 of the Florida Statutes and finds that in any event said plaintiff has failed to exhaust its administrative remedies under Chapter 380, Florida Statutes, since the appeal is still pending. . . .

With respect to the appeal from an order of a local government concerning a development of regional impact, Fla.Stat. § 380.07(2) provides:

. . . Within thirty days after the order is rendered, either the owner, developer, an appropriate regional planning agency, or the state land planning agency may appeal the order to the Florida land and water adjudicatory commission by filing a notice of appeal with the commission. . . .

This statute was recently construed by the...