Monroe County v. Ambrose

866 So. 2d 707, 2003 WL 22900537
CourtDistrict Court of Appeal of Florida
DecidedDecember 10, 2003
Docket3D02-1716, 3D02-1754, 3D02-1800, 3D02-2068
StatusPublished
Cited by8 cases

This text of 866 So. 2d 707 (Monroe County v. Ambrose) 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
Monroe County v. Ambrose, 866 So. 2d 707, 2003 WL 22900537 (Fla. Ct. App. 2003).

Opinion

866 So.2d 707 (2003)

MONROE COUNTY, a Political Subdivision of the State of Florida, and the Department of Community Affairs and Islamorada, Village of Islands, a municipal corporation, Appellants,
v.
Thora AMBROSE, et al., Appellees.

Nos. 3D02-1716, 3D02-1754, 3D02-1800, 3D02-2068.

District Court of Appeal of Florida, Third District.

December 10, 2003.
Rehearing and Rehearing Denied February 18, 2004.

*708 Morgan and Hendrick, P.A., and Karen K. Cabanas (Key West), for appellant, Monroe County.

David L. Jordan, Deputy General Counsel (Tallahassee), for appellant, Department of Community Affairs.

Weiss Serota Helfman Pastoriza & Guedes, P.A., Edward G. Guedes, and Nina L. Boniske, for appellants, Islamorada, Village of Islands.

Brion Blackwelder, Richard Grosso, and David Cozad (Fort Lauderdale), for appellants/intervenors, Protect Key West, d/b/a "Last Stand", et al.

Janet E. Bowman (Tallahassee), for 1000 Friends of Florida, Inc., as Amicus Curiae, for appellants.

*709 James S. Mattson (Key Largo); Andrew M. Tobin (Tavernier); for appellees.

Frank A. Shepherd, for Pacific Legal Foundation, as Amicus Curiae for appellees.

Before LEVY[*], GERSTEN, and GODERICH, JJ.

Rehearing and Rehearing En Banc Denied February 18, 2004.

PER CURIAM.

In the proceedings below, the trial court granted summary judgment in favor of Thora Ambrose, et. al. ("Landowners"), finding that Section 380.05(18), Florida Statutes (1997),[1] created a vested right for the Landowners to complete development of single-family homes on their land. Monroe County, the Department of Community Affairs, and the Village of Islamorada (hereinafter collectively referred to as "Monroe County") appeal the trial court's order granting summary judgment. The Landowners cross-appeal the same order. We reverse and remand with instructions.

The Landowners own parcels of undeveloped land that were platted and recorded in Monroe County between April 24, 1924 and June 27, 1971. During this time, local subdivision plat law governed the development of land. In 1979, the Florida Legislature enacted Section 380.0552 and designated Monroe County as an area of critical state concern.[2] Since then, the local government has approved new land development regulations for these areas.[3] The Landowners assert that these subsequent land regulations have limited or modified their rights to develop their parcels of land.

In 1997, the Landowners filed a complaint seeking declaratory relief to determine their rights pursuant to Chapter 380, Florida Statutes, and to determine the effect, if any, of the 1986 Land Development Regulations, the Rate of Growth Ordinance ("ROGO") and the 2010 Comprehensive Plan. Monroe County and the Landowners filed cross motions for summary judgment. The trial court granted summary judgment in favor of the Landowners.

The trial court found that pursuant to Section 380.05(18), Florida Statutes (1997), the Landowners have vested rights to build single family homes, by virtue of recording their parcels of land. The trial court also determined that the Landowners did not have to show a reliance or change of position and that their rights were vested solely on the recordation of their land. The trial court held that these vested rights are superior to and preempt any of the State of Florida and local governments' *710 comprehensive plans and land use regulations. Finally, the trial court determined that the Landowners' rights to develop their land became vested on July 1, 1972, the enactment date of Section 380.05(18). For the following reasons, we reverse the order granting summary judgment and remand for further proceedings.

The trial court interpreted Section 380.05(18) to find that the Landowners have vested rights to develop their property pursuant to the recordation of their parcels of land. Section 380.05(18) provides that:

Neither the designation of an area of critical state concern nor the adoption of any regulations for such an area shall in any way limit or modify the rights of any person to complete any development that has been authorized by registration of a subdivision pursuant to chapter 498 or former chapter 478, by recordation pursuant to local subdivision plat law, or by a building permit or other authorization to commence development on which there has been a reliance and a change of position, and which registration or recordation was accomplished, or which permit or authorization was issued, prior to approval under subsection (6), or the adoption under subsection (8), of land development regulations for the area of critical state concern. If a developer has by his or her actions in reliance on prior regulations obtained vested or other legal rights that in law would have prevented a local government from changing those regulations in a way adverse to the developer's interests, nothing in this chapter authorizes any governmental agency to abridge those rights.

The plain language of the statute clearly illustrates that if a landowner recorded his property pursuant to local subdivision plat law, his rights to complete any development cannot be limited or modified by the designation of the land as an area of critical state concern nor by the adoption of subsequent land regulations. Although, the trial court's order is clearly in accord with this provision in the statute, the court determined that the Landowners did not have to show a reliance or change of position and that their rights were vested solely on the recordation of their land. We disagree. Recordation alone is not sufficient to establish vested rights.

Florida common law provides that vested rights may be established if a property owner or developer has (1) in good faith reliance, (2) upon some act or omission of government, (3) made such a substantial change in position or has incurred such extensive obligations and expenses (4) that it would make it highly inequitable to interfere with the acquired right. See Hollywood Beach Hotel Co. v. City of Hollywood, 329 So.2d 10 (Fla.1976); Sakolsky v. City of Coral Gables, 151 So.2d 433 (Fla.1963); Equity Res., Inc. v. County of Leon, 643 So.2d 1112 (Fla. 1st DCA 1994); Harbor Course Club, Inc., v. Dep't of Cmty. Affairs, 510 So.2d 915 (Fla. 3d DCA 1987); Dade County v. United Res., Inc., 374 So.2d 1046 (Fla. 3d DCA 1979). The only exception to this common law rule under Chapter 380 is specifically provided for in the statute. See § 380.06(20), Fla. Stat. (1997).[4] The Landowners do not fall under this exception.

*711 The theory behind vested rights is that "a citizen is entitled to rely on the assurances and commitments of a zoning authority and if he does, the zoning authority is bound by its representations." Town of Largo v. Imperial Homes Corp., 309 So.2d 571, 573 (Fla. 2d DCA 1975). However, the mere purchase of land without more does not create a right to rely on existing zoning. See City of Miami Beach v. 8701 Collins Ave., Inc., 77 So.2d 428 (Fla.1954). It would be unconscionable to allow the Landowners to ignore evolving and existing land use regulations under circumstances when they have not taken any steps in furtherance of developing their land.

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Bluebook (online)
866 So. 2d 707, 2003 WL 22900537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-county-v-ambrose-fladistctapp-2003.