Lasseter v. Dade County

19 Fla. Supp. 191
CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County
DecidedJune 18, 1962
DocketNo. 61-L-3586
StatusPublished

This text of 19 Fla. Supp. 191 (Lasseter v. Dade County) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lasseter v. Dade County, 19 Fla. Supp. 191 (Fla. Super. Ct. 1962).

Opinion

HAL P. DEKLE, Circuit Judge.

Opinion and order granting petition on certiorari: This is a petition for certiorari brought by H. O. Lasseter, Jr., a master plumber engaged in that business in the city of Miami and in Dade County, to review and quash a decision of an administrative body, the Metropolitan Dade County Board of Rules and Appeals.

That board’s decision authorizes and directs that a plumbing permit be issued for the installation of storm and sanitary sewer lines on a housing job in the city of Miami by a firm, Marks Brothers Company, which, and the members of whom, are concededly not plumbers but “engineering contractors”. The decision holds that the permit “ . . . was erroneously denied by the Supervisor of the Division of Plumbing Inspection of the Building Department of the City of Miami . . . and . . . may be properly [193]*193issued under the provisions of the South Florida Building Code (Section 4601.5 (d) (2) to any qualified contractor currently licensed in that field, in the instant case, as an engineering contractor as defined in Section 10-1 (k) of the Code of Metropolitan Dade County, qualified by Paul Marks under Certificate of Competency No. 1316E.”

It was stipulated by all parties both in argument and by written stipulation that “any and all Dade County ordinances and codes are a part of the record in this cause”.

The basic question involved is whether an “engineering contractor” has the right to install the sanitary and storm sewer lines (called “utility lines” in the above decision) within private property on a housing job in the city of Miami or whether, as the petitioner contends, the installation of such a sewer line, storm and sanitary, is exclusively the work of a person holding a certificate of competency as a plumber.

There is no dispute as to the material facts and it is conceded both in the briefs filed by the respective parties and in oral argument that the Marks Brothers Company, none of the members of whom hold a certificate of competency as a plumber but whose member Paul Marks holds a certificate of competency as an engineering contractor, entered into a subcontract to install the “sanitary sewer, storm sewer, drainage structures, manholes, etc.” at the low-rent housing job within the city of Miami, Florida, known as Abe Aronovitz Villas, the work of Marks Brothers in this connection to commence at a point 5 feet outside the building and to run from that point out to the property line; that such work would be work done on private property as distinguished from work in or on streets, etc.; that a sanitary sewer line as involved here is the run of pipe carrying sewage and waste starting 5 feet outside the building (where it connects with the building sewer, i.e., the sewer piping in the house) and ending at the property line (where it connects, generally, to a larger pipe running to the point of ultimate disposition). The storm sewer is a separate run of pipe over the same area, carrying rain and surface water. (See section 4602 South Florida Building Code for all these definitions and standards)

Proper Parties

The first legal point raised by the respondents is that on the record the City of Miami or its officials are the only proper parties to seek a review of the decision below and that this petitioner has no standing, because of lack of interest, to file a petition for certiorari.

[194]*194As to the contention regarding the City of Miami or its officials it is apparent from the South Florida Building Code and from the sections of the Metro Code previously cited that the City of Miami in issuing permits is subject to the direction and control of the director of the Metropolitan Dade County Building and Zoning Department who is the official responsible for the enforcement of the building and zoning laws of the county (see Metro Code sections 2-117, 2-118, 8-1, 8-2, 8-4).

As to that same contention, and the contention that the particular petitioner- here has no standing to sue, this court has no doubt that the petitioner here as a master plumber has the necessary status in view of the particular record in this case which discloses a recognition of the petitioner’s standing at page 12 of the transcript of the proceedings before the respondent board, again at page 20, again at page 22, and again at page 27, which discloses the following colloquy and agreement —

“Chairman Headley: I believe under the circumstances if you would appear as counsel for interested parties in this appeal hearing, it would have the same effect.
“Mr. Alpert: I would be very happy to, yes.”

In addition, the South Florida Building Code provision would seem to contemplate that persons might be aggrieved by certain decisions of the Board of Rules and Appeals, necessarily as those decisions affect the building industry, even though those persons might not be parties to the decision, because section 203.7 of the South Florida Building Code reads — “Any person aggrieved by a decision of the Board of Rules and Appeals, whether or not a previous party to the decision, may apply to the appropriate court for a writ of certiorari to correct errors of law of such decisions. * * * ” (Emphasis supplied.) It would be unnecessary for that paragraph to contain the language authorizing any person to appeal “whether or not a previous party to the decision” unless it was contemplated that a broad reach for the industry was intended in so far as the status of the complainant was concerned. It must be kept in mind that the South Florida Building Code, as this court understands it, is directed at resolving practical building and construction industry problems in a practical businesslike way, not at legalisms.

Finally, the court is impressed by the opinion in City of Birmingham v. Allen, Ala. 1948, 36 So.2d 297, which held at page 299 —

“There is no doubt that the occupation of a plumber is connected with the public health and as such is a proper subject for police regulation. In recognition of this fact the legislature adopted the Plumbing Code (Section 115 et seq., Title 62, Code [195]*195of 1940). The occupation being connected with the public health and safety, the legislature has seen fit to forbid all but those qualified by experience, examination and license from engaging in the occupation within the localities defined in Sections 115 and 127, Title 62, Code of 1940. It is common knowledge that an improper installation of plumbing might endanger the lives or health of a community, because for example a waste line might be connected with a fresh water line. It seems to us that complainant as a resident citizen has an interest in the proper installation of plumbing within the community and since his livelihood is dependent on an occupation for which he is fitted and has qualified himself as contrasted with others who are not so qualified and fitted, he has a pecuniary interest in seeing to it that those not qualified and fitted be excluded. We think the complainant has the right to question the proviso in the ordinance.”

Compare also City of Coral Gables v. Seiferth, Fla. 1956, 87 So.2d 806.

It was further contended that the petition should be dismissed as moot because the installation of the sanitary and storm sewers involved had been completed by the time this cause came on for oral argument. Mootness, however, does not rest on that simple assertion alone.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bowden v. Carter
65 So. 2d 871 (Supreme Court of Florida, 1953)
Dade County v. Mercury Radio Service, Inc.
134 So. 2d 791 (Supreme Court of Florida, 1961)
City of Miami Beach v. Cowart
116 So. 2d 432 (Supreme Court of Florida, 1959)
City of Birmingham v. Allen
36 So. 2d 297 (Supreme Court of Alabama, 1948)
Tau Alpha Holding Corp. v. Board of Adjustments
171 So. 819 (Supreme Court of Florida, 1937)
Atwater v. City of Sarasota
38 So. 2d 681 (Supreme Court of Florida, 1949)
People Ex Rel. Nechamcus v. Warden of the City Prison
39 N.E. 686 (New York Court of Appeals, 1895)
City of Coral Gables v. Burgin
135 So. 2d 771 (District Court of Appeal of Florida, 1961)
Hildebrandt v. Dade County Board of Rules & Appeals
18 Fla. Supp. 124 (Miami-Dade County Circuit Court, 1961)
Barrs v. Peacock
61 So. 118 (Supreme Court of Florida, 1913)
City of Coral Gables v. Seiferth
87 So. 2d 806 (Supreme Court of Florida, 1956)
City of Hollywood v. Bair
93 So. 2d 60 (Supreme Court of Florida, 1957)

Cite This Page — Counsel Stack

Bluebook (online)
19 Fla. Supp. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasseter-v-dade-county-flacirct11mia-1962.