General Elec. Credit v. Metropolitan Dade Cty.

346 So. 2d 1049
CourtDistrict Court of Appeal of Florida
DecidedMay 31, 1977
Docket76-1180
StatusPublished
Cited by14 cases

This text of 346 So. 2d 1049 (General Elec. Credit v. Metropolitan Dade Cty.) 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
General Elec. Credit v. Metropolitan Dade Cty., 346 So. 2d 1049 (Fla. Ct. App. 1977).

Opinion

346 So.2d 1049 (1977)

GENERAL ELECTRIC CREDIT CORPORATION OF GEORGIA, a Georgia Corporation, Appellant,
v.
METROPOLITAN DADE COUNTY, and South Florida Regional Planning Council, Appellees.

No. 76-1180.

District Court of Appeal of Florida, Third District.

May 31, 1977.

*1050 Turner, Hendrick, Guilford, Goldstein & McDonald and S. Alan Stanley, Coral Gables, for appellant.

*1051 Stuart Simon, County Atty., and Stanley B. Price, Asst. County Atty., Milledge & Hermelee, and Allan Milledge, Miami, for appellees.

Before HENDRY, C.J., and BARKDULL and NATHAN, JJ.

NATHAN, Judge.

General Electric Credit Corporation of Georgia (GECC) appeals from an order dismissing a petition for writ of certiorari for failure to exhaust administrative remedies. The petitioners sought to review the denial by the Dade County Board of County Commissioners of an application for zoning changes and development approval on a tract of land known as Kendale Gables. The petition was filed in the Circuit Court of Dade County by GECC and Intercontinental Group, Inc. However, this appeal is taken solely by GECC, since the latter corporation is now the fee title holder of the subject property by virtue of a foreclosure of its first mortgage against Intercontinental, the former owner.

On April 12, 1974, Intercontinental filed an application with Metropolitan Dade County for changes in zoning on the 610 acre Kendale Gables tract. Intercontinental proposed to construct 3,940 dwelling units on the property. A development of this size is presumed to be a "development of regional impact,"[1] and is subject to the requirements of Chapter 380, Florida Statutes, The Florida Land and Water Management Act of 1972. Under the provisions of Chapter 380, a developer may only undertake development of regional impact where the local government has adopted a zoning ordinance after due consideration of the recommendations of certain regional planning agencies:[2]

"(11) ... in considering whether the development shall be approved, denied, or approved subject to conditions, restrictions, or limitations, the local government shall consider whether, and the extent in which:
* * * * * *
(c) The development is consistent with the report and recommendations of the regional planning agency submitted pursuant to subsection (8) of this section."

Section 380.06(11), Florida Statutes (1975).

Accordingly, the rezoning application was submitted to the South Florida Regional Planning Council, the designated regional planning agency for this portion of the state, for a report concerning the regional impact of the proposed development.

On August 8, 1974, the Council recommended that the application for development be denied, citing adverse regional impacts upon drainage, transportation, schools, low and moderate income housing and master plan implementation.[3]

Intercontinental thereafter revised its plan for the development of Kendale Gables. The principal feature of the new plan was a 15% reduction in the number of dwelling units. The revised proposal was never submitted to the Regional Planning Council.

*1052 A public hearing was held on the rezoning application in April of 1975, at which time the Executive Director of the Regional Planning Council observed that the revised development plan had apparently corrected some of the defects which were inherent in the original proposal. However, he then stated that the changes in the proposed development required resubmission of the project to the Council for consideration in light of the modifications and, in fact, Intercontinental's representative at the public hearings acknowledged that the revised plan would have to be submitted to the Council for its review and recommendations.

The application for rezoning was denied, whereupon a petition for writ of certiorari was filed in the Dade County Circuit Court. The petition was filed in the names of both Intercontinental, as the owner of the property, and GECC, as the holder of a first mortgage lien on the property, GECC was admitted as a party through a stipulation with Dade County to the effect that GECC was a proper party due to its substantial interest in the Kendale Gables tract. Appellee South Florida Regional Planning Council was granted leave to intervene as a party respondent.

After hearing oral argument and considering briefs submitted by all concerned parties, the Circuit Court judge dismissed the petition for writ of certiorari. In a comprehensive order, the judge noted that the County Commission's denial of zoning changes and development permits constituted a "development order" as defined in Section 380.031(2),[4] Florida Statutes, and that the petitioners were therefore required to appeal the denial to the Florida Land and Water Adjudicatory Commission, which was expressly establish for the purpose of hearing appeals from development orders.[5] Since no such appeal had been taken, the court held that the petition should be dismissed for failure to exhaust administrative remedies.

As a second reason for the dismissal, the court cited Intercontinental's failure to submit its revised development proposal to the Regional Planning Council for its recommendations. The court found that the new plan represented a "substantial modification" of Intercontinental's development proposal, and that additional review by the Regional Planning Council was therefore mandated by Chapter 380.

Appellant GECC herein maintains that it was not subject to the requirements of Chapter 380 inasmuch as it was not the "developer" of the Kendale Gables project. Appellant argues that it was not in a position to submit the revised development proposal to the Regional Planning Council for consideration and that it had no standing to pursue an appeal before the Florida Land and Water Adjudicatory Commission.

In responding to this argument, we initially note that GECC and Intercontinental are indeed separate corporate entities and, further, that it appears from the record that Intercontinental alone sought approval of the Kendale Gables development. Thus, up until the time when GECC joined as a party in petitioning for a writ of certiorari, it could not be characterized as a "developer" within the meaning of Chapter 380.[6] However, at that point any and all legally cognizable distinctions between *1053 these two parties became obscure, for it is clear that GECC is now seeking exactly what was sought by Intercontinental — approval of the Kendale Lakes development proposal. We cannot now allow GECC to avoid those requirements of Chapter 380 which governed the actions of its predecessor in interest, Intercontinental. As was aptly stated in the order of dismissal:

"GECC seeks in this action the same development approvals which Intercontinental Group, Inc. sought from the Metropolitan Dade County Commission, i.e., zoning and other approvals to undertake a development of regional impact. It seems plain that GECC can have no greater standing to obtain development approvals for the proposed project than the owner, and must stand in the owner's shoes where they seek the identical result. Anything less would create chaos, as holders of lesser interests could claim the ability to avoid the procedures which are required by those having the fee or most substantial interest in the property."

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Ago
Florida Attorney General Reports, 1977

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Bluebook (online)
346 So. 2d 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-elec-credit-v-metropolitan-dade-cty-fladistctapp-1977.