City of Cocoa Beach v. Fountain

District Court of Appeal of Florida

City of Cocoa Beach v. Fountain

88 So. 3d 974, 2012 WL 1440606, 2012 Fla. App. LEXIS 6598

CourtDistrict Court of Appeal of Florida

DecidedApril 27, 2012

DocketNo. 5D11-4433

StatusPublished

This text of 88 So. 3d 974 (City of Cocoa Beach v. Fountain) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Cocoa Beach v. Fountain, 88 So. 3d 974, 2012 WL 1440606, 2012 Fla. App. LEXIS 6598 (Fla. Ct. App. 2012).

Pincite

Opinion

PER CURIAM.

Petitioner seeks review of an order that reversed the decision of its Code Enforcement Board (“the Board”). The Board determined that Respondents violated two distinct city ordinances by parking a large sailboat on property zoned for residential use. In reversing the decision of the Board, the lower court addressed one of the potential violations¹ but failed to address the Board’s conclusion that Respondents also violated section 4-76 of the ordinance. That section prohibits, among other things, the parking of boats in excess of twenty-six feet in a residential zone unless certain exceptions apply. The exceptions require, inter alia, that the boat “be operable,” as well as “in regular use, and have a current license and current registration.” Cocoa Beach, Fla., Code § 4-76A.3.Í. (2010). The instant boat meets none of these criteria.

Respondents postulate that the lower court must have determined that the object in question is not a “boat,” because it is under construction and not yet completed. To reach such a conclusion, however, the lower court would have departed from its permissible standard of review by invading the fact-finding province of the Board and applied an incorrect legal standard in its construction of the ordinance. Accordingly, we quash the decision under review.

PETITION GRANTED; ORDER QUASHED.

SAWAYA, TORPY and COHEN, JJ„ concur.

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PER CURIAM.

Petitioner seeks review of an order that reversed the decision of its Code Enforcement Board (“the Board”). The Board determined that Respondents violated two distinct city ordinances by parking a large sailboat on property zoned for residential use. In reversing the decision of the Board, the lower court addressed one of the potential violations¹ but failed to address the Board’s conclusion that Respondents also violated section 4-76 of the ordinance. That section prohibits, among other things, the parking of boats in excess of twenty-six feet in a residential zone unless certain exceptions apply. The exceptions require, inter alia, that the boat “be operable,” as well as “in regular use, and have a current license and current registration.” Cocoa Beach, Fla., Code § 4-76A.3.Í. (2010). The instant boat meets none of these criteria.

Respondents postulate that the lower court must have determined that the object in question is not a “boat,” because it is under construction and not yet completed. To reach such a conclusion, however, the lower court would have departed from its permissible standard of review by invading the fact-finding province of the Board and applied an incorrect legal standard in its construction of the ordinance. Accordingly, we quash the decision under review.

PETITION GRANTED; ORDER QUASHED.

SAWAYA, TORPY and COHEN, JJ„ concur.

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Bluebook (online)

88 So. 3d 974, 2012 WL 1440606, 2012 Fla. App. LEXIS 6598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-cocoa-beach-v-fountain-fladistctapp-2012.