White v. Metropolitan Dade County
| Decision Date | 22 May 1990 |
| Docket Number | No. 88-2450,88-2450 |
| Citation | 563 So.2d 117 |
| Parties | 15 Fla. L. Weekly D1412 Helen WHITE, Dwight Hewett, Rafael Conte, Raul Llorente, Karen Llorente, Ignacio Tamayo, Owen Zayas Bazan, Dr. Eric Softley, Helmut Bracke, Helen Lancaster, Eugenio Albarran, George O'Brien, Enrique Audrain, Elsa Audrain, Louis Garisto, Juan Camacho, Vivian Camacho, Dr. Daniel Mandri, Monica Mandri, Jeronimo Paseiro, Dr. Claudina Mojer, Esteban Ferrer, Susan Ferrer, Helen Walker, Jeannie Fields Dubow, Martine A. Glasgall, Dr. Alonzo Portuondo, Madeline Portuondo, B.J. Grady, Toolie Millard, Laura Chamblis, Margaret O'Keefe, Marion Murphy, Henrietta Labarrere, Barbara Casper, Patricia Ryan, Dr. Alfredo Crucet, Delia Crucet, Ann Schubert, Carolyn Fowler, Alonzo Portuondo, Connie Portuondo, Christina Conte, George Fox, Maria Costa, Arnold McDonald, Graciela McDonald, Ernie Cambo, Dick Hodges, Thomas Roussel, Barbara Wheelock, J.J. Donoghue, Anne Donoghue, Dr. Eduardo Delgado, Richard O'Connell, Paul Crick, Anne Crick, Walter Sommer, Charles Austin, Tuck Austin, Devere Curtis, Muriel Curtis, Elena Cora, Miguel Bacallao, Rosario Bacallao, Robert Charbonneau, Renan Moreira, Margaret Matheson Randolph, and Malcolm Matheson, Jr., Appellants, v. METROPOLITAN DADE COUNTY, Appellee. |
| Court | Florida District Court of Appeals |
Walton Lantaff Schroeder & Carson and Gregory J. Willis, Miami, for appellants.
Robert A. Ginsburg, Deborah Bovarnick Mastin, and Eileen Ball Mehta, Miami, for appellee.
Tew, Jorden, Schulte & Beasley and Dan Paul, Miami, for the Friends of the Everglades, as amicus curiae.
Before NESBITT, BASKIN and GERSTEN, JJ.
Amid the turmoil attendant to living in an urban environment, on an island off an island, called Key Biscayne, there exists a sylvan spot of tranquility--Crandon Park. Key Biscayne, which is actually a barrier island protecting Biscayne Bay from the Atlantic Ocean, was originally owned by a Dade County pioneer family surnamed Matheson. In 1940, the Mathesons gave the people of Dade County, Florida, access to and enjoyment of that portion of Key Biscayne which came to be known as Crandon Park.
The Mathesons' deed to Dade County contained the following simple deed restriction: "for public park purposes only." In spite of the limitation contained in the deed restriction, Dade County took part of the land deeded by the Mathesons and used it for the development of the Lipton International Tennis Center. Two Matheson family heirs, together with residents of Dade County, sought to enjoin the construction of the center for: (1) violating the restriction in the original deed; (2) violating Dade County's Comprehensive Development Master Plan; and, (3) failing to conform to the requirements of state law with respect to review of developments of regional impact concerning a proposed tennis stadium.
The trial court held an evidentiary hearing and found that: (1) appellants were not the proper parties to raise the deed restriction issue; (2) the use of the park for a commercial enterprise did not negate the main purpose of the park property under these facts; (3) Dade County had complied with its Comprehensive Development Master Plan (CDMP) in the construction of the tennis complex; and (4) "Development of Regional Impact" (DRI) review, as it pertained to the proposed stadium, was outside the ambit of the action. The court issued a final judgment denying injunctive and declaratory relief from: (1) the development of the Lipton International Tennis Center on Key Biscayne; and (2) the holding of the Lipton International Players Championship Tennis Tournament on Key Biscayne. It is from that final judgment that this appeal follows. We reverse.
In 1940, several members of the Matheson family deeded three tracts of land located on the northern portion of Key Biscayne to Dade County. This land, consisting of 680 acres, came to be known as Crandon Park. In the recorded deeds, the grantors expressly provided:
This conveyance is made upon the express condition that the lands hereby conveyed shall be perpetually used and maintained for public park purposes only; and in case the use of said land for park purposes shall be abandoned, then and in that event the said [grantor], his heirs, grantees or assigns, shall be entitled upon their request to have the said lands reconveyed to them.
Since that time, several amendatory deeds have been issued by the grantors to allow ancillary uses which may have been otherwise violative of the deed restriction. The additional uses permitted were the construction of public roads, public utilities, and "houses, apartments and facilities for the use of employees engaged in [the] care, maintenance and operation" of Crandon Park. The last amended deed permitted the building of a firehouse on the property. However, the grantors' heirs refused to allow the building of a cable satellite dish. The grantors, their heirs, or assigns, have not waived the deed restriction as to any other construction or use. In 1963, a section of the park was utilized as a dump. This use was never approved or sanctioned by the grantors, their heirs, or assigns.
In 1986, the Dade County Board of County Commissioners passed Resolution R-891-86, which authorized the execution of an agreement with Arvida International Championships, Inc., (Arvida), and the International Players Championship, Inc., (IPC), to construct a permanent tennis complex. The construction of the court facilities and infrastructure began in the summer of 1986, and terminated in 1987. Initially, the tennis complex consisted of fifteen tennis courts, service roads, utilities, and landscaping, all located on 28 acres.
The agreement provided that for two weeks each year, subject to a renewal provision, the tennis complex would become the site of the Lipton International Players Championship Tennis Tournament (Lipton tournament). This renowned tournament is only open to world class players who compete for two weeks.
In February 1987, the first Lipton tournament was held before approximately 213,000 people. The county manager considered the Lipton tournament to be such a tremendous success that he recommended, and the County Commission approved in Resolution R-827-87, the construction of "Phase II," a permanent clubhouse/fitness facility. This 15,000-to-33,000-square-foot facility was to house locker rooms, training and exercise equipment, meeting rooms, food and beverage concessions, and a sporting goods store. As a result of "community input," the clubhouse was ultimately reduced to 9,800 square feet. This "community input" consisted of informal meetings with residents and one public hearing.
During the four Lipton tournaments held thus far on Key Biscayne, temporary seating has been provided. Appellants contend that a 12,000-seat permanent stadium is part of the future development plans. Although Dade County admits that "[a] stadium is a future possibility," it asserts that "no unified plan of development for a stadium exists, and no approvals or permits for any stadium have been issued."
The record reveals only one public hearing has been held regarding the tennis facilities. In July 1987, a public hearing was held pursuant to section 33-303 of the Metropolitan Dade County Code (1987). Section 33-303 requires a hearing be held before the construction of any new government facility. This hearing involved only the approval of the site plan for the proposed clubhouse. No other public hearing has been held either for the previous construction or the projected stadium.
Although the site is classified as "environmentally sensitive parkland" in Dade County's Comprehensive Development Master Plan (CDMP), no hearings have been held to change that designation in the CDMP. In 1989, the clubhouse was completed.
The facilities are closed to the public for specified periods of time both before and after the two-week Lipton tournament. Dade County's agreement with the tournament sponsors, Arvida and IPC, gives them control of the tennis complex during what is called the "Tournament Period." The "Tournament Period" is defined in the agreement as the:
three weeks prior to the beginning of the calendar week in which the qualifying rounds of the Tournaments ... are to be played ... and continuing until the date occurring one (1) week after the completion of such Tournaments concerned.
In addition, the contract gives the tournament sponsors "reasonably necessary" time before the "Tournament Period" for site preparation. Arvida and IPC are also each afforded 45 days and 30 days, respectively, after the "Tournament Period" for site dismantling.
With respect to the 1987 tournament, the agreement specifically provided for Arvida to have "Priority Use" of the "grandstand and stadium court areas from November 1, 1986 through a period ending 45 days after the conclusion of the Tournament." The agreement defines "Priority Use" as "[t]he unimpaired right of [Arvida and IPC] ... to permit, reasonably restrict and control access to the Site...."
Dade County offered testimony at trial that the public was only excluded from using the facilities for some three to four weeks. However, under the clear wording of the agreement, relative to the 1987 tournament, Arvida had the right to exclude the public from the tennis complex for as long as five months.
During the tournament, the sponsors are given most of Crandon Park's parking spaces to provide parking for the tournament spectators. The agreement provides that the "County will designate adequate parking facilities in the currently existing Crandon Park parking areas ... for Priority Use in connection with the Tournament."
The contract estimated that the parking needs of the tournament would "not exceed 4,000 spaces per day." These 4,000 spaces were not sufficient to satisfy the needs of tournament spectators and other park visitors. At trial, Earl Buchholz, Jr., the tournament operator,...
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