Fehlhaber Corp. v. Village of Tequesta

District Court of Appeal of Florida

Fehlhaber Corp. v. Village of Tequesta

696 So. 2d 880, 1997 Fla. App. LEXIS 6158, 1997 WL 292672

CourtDistrict Court of Appeal of Florida

DecidedJune 4, 1997

DocketNo. 96-2221

StatusPublished

Cited by3 cases

This text of 696 So. 2d 880 (Fehlhaber Corp. v. Village of Tequesta) 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.

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Fehlhaber Corp. v. Village of Tequesta, 696 So. 2d 880, 1997 Fla. App. LEXIS 6158, 1997 WL 292672 (Fla. Ct. App. 1997).

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Opinion

PER CURIAM.

We affirm the trial court’s finding that appellant (plaintiff) failed to exhaust its administrative remedies. Plaintiff did not follow the procedures, set forth in the Village of Tequesta’s Code, to challenge the building official’s decision before filing its lawsuit in the trial court.

After finding that plaintiff failed to exhaust administrative remedies, the trial court proceeded in its final judgment to address the merits of the underlying zoning controversy. Because plaintiff should have first exhausted the available administrative remedies, we vacate the portion of the final judgment that addressed and decided the merits of the controversy.

DELL, PARIENTE and GROSS, JJ., concur.

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PER CURIAM.

We affirm the trial court’s finding that appellant (plaintiff) failed to exhaust its administrative remedies. Plaintiff did not follow the procedures, set forth in the Village of Tequesta’s Code, to challenge the building official’s decision before filing its lawsuit in the trial court.

After finding that plaintiff failed to exhaust administrative remedies, the trial court proceeded in its final judgment to address the merits of the underlying zoning controversy. Because plaintiff should have first exhausted the available administrative remedies, we vacate the portion of the final judgment that addressed and decided the merits of the controversy.

DELL, PARIENTE and GROSS, JJ., concur.

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696 So. 2d 880, 1997 Fla. App. LEXIS 6158, 1997 WL 292672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fehlhaber-corp-v-village-of-tequesta-fladistctapp-1997.

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