City of Coral Gables v. Wepman

418 So. 2d 339
CourtDistrict Court of Appeal of Florida
DecidedAugust 3, 1982
Docket82-126
StatusPublished
Cited by8 cases

This text of 418 So. 2d 339 (City of Coral Gables v. Wepman) 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 Coral Gables v. Wepman, 418 So. 2d 339 (Fla. Ct. App. 1982).

Opinion

418 So.2d 339 (1982)

The CITY OF CORAL GABLES, Florida, Appellant,
v.
Warren WEPMAN, As Trustee, Emil J. Gould and Estelle Gould, Appellees.

No. 82-126.

District Court of Appeal of Florida, Third District.

August 3, 1982.
Rehearing Denied September 2, 1982.

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for appellant.

Robert A. Freeman and David A. Freedman, Miami, for appellees.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

In 1974 the city enacted a zoning ordinance regulating the height of multi-unit residence buildings that was applicable only to appellee's property. Upon appropriate proceedings the circuit court found the zoning ordinance unconstitutional and by final judgment enjoined the city from enforcing its "provisions".[1]*340

*341 The city did not appeal this judgment, but instead, adopted a new ordinance purportedly applicable to various properties in the city. But, in actuality, after the city exempted over 5000 parcels from its effect, it was applicable only to appellee's property. Appellee sought relief against the subsequent ordinance by independent action.[2] He also sought relief in the original proceedings against the subsequent ordinance contending that it violated the prior injunction by attempting to enforce the same provisions relative to the height of the multi-unit buildings that might be constructed on the property. After taking testimony the trial court entered an order as follows:

The Plaintiffs herein seek post-decretal relief regarding the validity of Defendant's Zoning Ordinance No. 2171, as applied to Plaintiffs' land.
This cause was previously before the Court in October, 1975, resulting in the entry of Final Judgment for Plaintiffs issued October 15, 1975. In said Final Judgment the Court made numerous findings of fact and conclusions of law, and permanently enjoined Defendant, The City of Coral Gables, from enforcing the provisions of Zoning Ordinance No. 2077 whereby a height limitation of "low profile" buildings, and density limitations, were attempted to be placed upon *342 Plaintiffs' land in regard to that certain real property described as:
Block 3, Block 4, and the East 235 feet of Block 5 of Sunrise Harbour, according to the plat thereof recorded in Plat Book 65 at Page 22 of the Public Records of Dade County, Florida.
Having heard substantial testimony, reviewed all pleadings, pertinent documents and exhibits, and being otherwise fully advised, the Court makes the following findings of fact and conclusions of law:
1. This Court has jurisdiction over the parties and the subject matter and is authorized to exercise its equitable power to render full relief, prevent multiplicity of litigation, and to provide finality to protracted litigation. Donnelly v. Mann, 68 So.2d 584 (Fla. 1953); Tremont Co. v. Paasche, 81 So.2d 489 (Fla. 1955); Schupler v. Eastern Mortg. Co., 160 Fla. 72, 33 So.2d 586 (1948); Nelson v. Beverly Beach Properties, Inc., 47 So.2d 310 (Fla. 1950); Miami v. Keton, 115 So.2d 547 (Fla. 1959); Knight v. Global Contact Lens, Inc., 220 So.2d 693 (Fla. 3d DCA 1969). A Court of equity has the power to enforce its orders and decrees and has continuing jurisdiction to do so. Hoover v. Scott, 44 So.2d 657 (Fla. 1950).
2. The pre-1975 history of this property has been delineated fully in the Final Judgment previously entered herein. Plaintiffs' property, described above is surrounded on the north and east by two and three-story apartment buildings, on the west by a 13-story apartment building (which has a three-story apartment building to its west) and on the south by a large waterway. Across the waterway from a substantial portion of Plaintiffs' land is an area that has been excavated as a marina. The Plaintiffs Emil J. Gould and Estelle Gould have been the beneficial owners and have controlled the subject property continuously since 1945.
3. All other lands in the Sunrise Harbour Subdivision have been developed in accordance with the applicable zoning regulations and with the concept of the recorded plat.
4. Ninety five days following the entry of the prior Final Judgment herein, the Defendant passed Ordinance No. 2171. This ordinance, currently in force, attempts to impose a height limitation of three stories on Plaintiffs' land. This Court finds that said height restriction is the functional equivalent of the "low profile" restriction that was invalidated in 1975.
5. Upon learning of the passage of Ordinance 2171, Plaintiffs inquired of Defendant's Zoning Department and were advised by the City's zoning administrator that the height restrictions of Ordinance No. 2171 did not apply to Plaintiffs' land in light of the favorable decree received by Plaintiffs approximately three months earlier. In reliance upon the decree and the advice from Defendant's Zoning Department, Plaintiffs expended monies on architectural and planning matters relating to their property. Thereafter, in late 1980, Plaintiffs learned of certain correspondence issued by the City of Coral Gables, in which the Defendant indicated that construction on Plaintiffs' land was restricted to three stories by Ordinance No. 2171. Plaintiffs thereupon promptly and timely commenced these proceedings.
6. The prior Final Judgment herein noted that the Plaintiffs' land had been "singled out as the special subject for discriminatory zoning regulations". Such discrimination continues under Ordinance No. 2171. Equal protection of the law requires that all persons "similarly circumstanced" receive equal treatment. Rodriguez v. Jones, 64 So.2d 278 (Fla. 1953). The 1975 decree found that 13-story construction was permitted "on all other similarly situated property zoned for apartment use." Nonetheless, under Ordinance 2171, Defendant attempts again to place restrictions on Plaintiffs' land such as are found on dissimilar properties, while permitting 13-story construction on other properties that are similarly situated to Plaintiffs' land. The subject ordinance denies to Plaintiffs the equal protection of the law.
*343 Additionally, Ordinance No. 2171 provides that no property "across a waterway" from single-family zoned property may have construction in excess of three stories; this concept is not found in any prior zoning ordinance. Plaintiffs' property is the only parcel in the entire City that would have its building height permissibility adversely affected by the insertion of the "across a waterway" concept into Defendant's Zoning Code.
7. This Court further finds that the application of the height restrictions for buildings of less than 13 stories of Ordinance No. 2171 to Plaintiffs' property violates due process guarantees. The Court finds that there exists no rational basis in fact or in sound principles of planning and zoning to support a height limitation for buildings on Plaintiffs' land of less than 13 stories. The constitutional guarantees of due process of law prohibit governmental intrusion into private property rights where, as here, there exists no substantial relationship between the proposed restriction and the public health, welfare or safety. Tollius v. City of Miami, 96 So.2d 122 (Fla. 1957).

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418 So. 2d 339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-coral-gables-v-wepman-fladistctapp-1982.