Blair Nurseries, Inc. v. Baker County, Florida, A Political etc.

199 So. 3d 534, 2016 Fla. App. LEXIS 13744, 2016 WL 4751757
District Court of Appeal of Florida·Decided September 13, 2016·No. 1D16-0423·Published

Opinions

MAKAR, J.

Blair Nurseries owns rural acreage in Baker County, Florida, which it subdivided in 2002 into twenty-two five-acre residential lots known as Smoke Rise II, a planned community for horse owners. In 2003, Celeste Reynolds purchased a lot and built a home, but no other lots have been sold, leaving her property adjoining native undeveloped lands for over a decade in the defunct equestrian community.

In 2014, Blair Nurseries filed an application with Baker County to vacate the subdivision plat (excepting Reynolds’s lot) so its property could be returned to acreage for agricultural purposes. The Baker County planning staff and the County’s Development Review Committee recommended approval of the application and the County’s Director of Zoning and Planning stated that the application satisfied all requirements.

The applicable statute required Blair Nurseries to show three things: (1) that it owned the property “covered by the plat sought to be vacated;” (2) that “the vacation [of the plat] by the governing body of the county will not affect the omiership ... of other persons owning other parts of the subdivision,” and (3) that vacation “will not affect the ... right of convenient access” of such persons. § 177.101(3), Fla. [536] Stat. (2014) (emphasis added). No dispute exists that Blair Nurseries owns the platted property and that access to Reynolds’s home would be unaffected by vacation of the plat because her home directly abuts and accesses Mud Lake Road, which forms the southern border of much of the platted property. Instead, the only question — one that arose later in the process — was whether vacating the plat would affect Reynolds’s “ownership” of her property within the meaning of the emphasized statutory language above.

The Baker County Board of County Commissioners held a public hearing on the matter at which Reynolds spoke. She opposed reversion, believing it would reduce the value of her home. A discussion arose about whether a potential reduction in value of her home was a sufficient legal justification to deny the application. Legal counsel for Blair Nurseries pointed out that Reynolds’s ownership of her property would be unaffected, but some commissioners posited that the potential for reduced value was akin to “a£fect[ing] the ownership” of the property. In the end, the Commission unanimously denied Blair Nurseries’ application.

Blair Nurseries sought certiorari and mandamus relief in the circuit court, arguing that the County failed to observe the essential requirements of law in denying the application; because its application met all criteria in the statute and county code, no basis existed to deny it. In addition, the County’s consideration of the “value” of Reynolds’s property as a basis for denial was legal error because the statute only permits consideration of whether vacation of a plat will “affect the ownership” of others who own property in the subdivision. The trial court issued a written order denying relief, but did not reach the value/ownership issue. Instead, it concluded that it lacked the judicial power to do so because the County’s decision was a discretionary one:

[Bjecause both the applicable statute [section 177.101(3)] and county code provision [section 8.06.011] use the permissive ‘may’ and do not include any words requiring a board to reach a particular decision if certain criteria are met, Petitioner has not demonstrated entitlement to mandamus or certiorari relief, and the court need not reach the testimonial or valuation issues.

Because it viewed the Board as having essentially unreviewable discretion to grant or deny an application, it thereby foreclosed any judicial relief whatsoever.

On second-tier certiorari review, in this Court, Blair Nurseries is correct that the trial court violated a clearly established principle of law that resulted in a miscarriage of justice by concluding that the word “may” in section 177.101(3), precludes any judicial review of the Board’s decision. Nader v. Fla. Dep’t of High. Saf. & Motor Veh., 87 So.3d 712, 727 (Fla.2012). The statute plainly does not grant unre-viewable discretion; and clearly established law limits the discretion to deny a facially valid plat application.

To begin, the Board’s decision is a discretionary one within the confines of the statutory criteria, but it is also one subject to judicial review. In contrast, the trial court believed that the term “may” was the Legislature’s way of saying that the Commission had discretion to do whatever it wants without judicial oversight. But that overlooks the remainder of the statute [537] as well as caselaw and opinions of. Florida’s Attorney General contradicting,such a conclusion. First of . all, the word “may” in section 177.101(3) is used primarily as a legislative grant of authority to a local governing body to be able to vacate plats under specified circumstances. The -purpose of Part I of Chapter 177, Florida Statutes (entitled “Platting”), is to “to establish consistent minimum requirements, and to create such additional powers in local governing bodies, as herein provided to regulate and control the platting of lands. This part establishes minimum requirements and does not exclude additional provisions or regulations by local ordinance, laws, or regulations.” § 177.011, Fla. Stat. (2014) (emphasis added).

As the italicized language makes clear, a central purpose of the “Platting” statutes is to grant “additional powers” to local government, which is precisely what section 177.101(3) does, stating: “The governing bodies of the counties of the state may adopt resolutions vacating plats in whole or in part of subdivisions in said counties, returning the property covered by such plats either in whole or in part into acreage.” § 177.101(3), Fla. Stat. As the Attorney General has noted in construing this section, the “power of a county or municipality to vacate property dedicated to a public use is controlled by statute.” Op. Att’y Gen. Fla.2005-11 (2005) (emphasis added). A county is powerless to vacate a subdivision plat absent compliance with the statute, which requires an application from the landowner. See Op. Att’y Gen. Fla. 72-169 (1972) (“[T]here is no authority whatsoever under § 177.101 ... for a board of county commissioners to vacate, upon its own motion, a subdivision plat.”).

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Blair Nurseries, Inc. v. Baker County, Florida, A Political etc., 199 So. 3d 534, 2016 Fla. App. LEXIS 13744, 2016 WL 4751757 (Fla. Ct. App. 2016).

199 So. 3d 534 (Blair Nurseries, Inc. v. Baker County, Florida, A Political etc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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