E. T. Legg and Co. v. Franza, s. 80-537
| Decision Date | 21 May 1980 |
| Docket Number | Nos. 80-537,80-538,s. 80-537 |
| Citation | 383 So.2d 962 |
| Parties | E. T. LEGG AND COMPANY, Petitioner, v. The Honorable Arthur FRANZA, Judge of the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida, Respondent. E. T. LEGG AND COMPANY, Petitioner, v. FLORIDA DEPARTMENT OF TRANSPORTATION, an Agency of the State of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Charles C. Papy, III of Papy, Poole, Weissenborn & Papy, Coral Gables, for petitioner.
Alan E. DeSerio, and Charles Gardner, Tallahassee, for respondents.
E. T. Legg & Company has filed petitions for writs of certiorari and mandamus, which we have consolidated for consideration.
The petitions reflect that petitioner is a licensed outdoor advertiser pursuant to Chapter 479, Florida Statutes (1979). On December 21, 1979, The Florida Department of Transportation, hereafter referred to as the D.O.T., filed a complaint with the State of Florida, Division of Administrative Hearings, seeking to have certain outdoor advertising signs owned by petitioner declared to be in violation of Chapter 479, Florida Statutes, and Section 14-10 of the Florida Advertising Code. In its answer the petitioner denied the signs were in violation of law and alleged the D.O.T. had no jurisdiction within an incorporated city to enforce any of the provisions of Chapter 479. Petitioner states that it became apparent that the constitutionality of the Chapter was the paramount issue involved and, since an administrative hearing officer could not pass on constitutional issues, petitioner filed suit in the circuit court for declaratory relief. Thereafter, in order to avoid a multiplicity of proceedings, petitioner requested the hearing officer to stay the administrative proceeding. When that request was denied petitioner sought review in this court by petitions for writs of prohibition and certiorari. Both of these petitions were denied without prejudice to seek relief in the circuit court. Petitioner then sought a stay of the administrative proceeding by the circuit court. The circuit court denied the motion for stay and retained jurisdiction of the petition for declaratory relief, but ruled that the court would proceed with the cause "only if the Fourth District Court of Appeal declines to make a ruling upon or to hear the constitutional issues rained (sic) by the Plaintiff in its Complaint for Declaratory Relief subsequent to the hearing before the Division of Administrative Hearings".
The D.O.T. contends that, since courts generally will not pass upon a constitutional question if the case can be decided upon other...
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