Palm Beach County v. Allen Morris Co.

547 So. 2d 690, 1989 WL 81812
CourtDistrict Court of Appeal of Florida
DecidedJuly 26, 1989
Docket87-1036, 87-1106, 87-1123, 87-2342 and 87-2364
StatusPublished
Cited by6 cases

This text of 547 So. 2d 690 (Palm Beach County v. Allen Morris Co.) 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
Palm Beach County v. Allen Morris Co., 547 So. 2d 690, 1989 WL 81812 (Fla. Ct. App. 1989).

Opinion

547 So.2d 690 (1989)

PALM BEACH COUNTY, a Political Subdivision of the State of Florida, Appellant,
v.
The ALLEN MORRIS COMPANY, As Agent for the Owner of Certain Real Property, et al., Appellees.

Nos. 87-1036, 87-1106, 87-1123, 87-2342 and 87-2364.

District Court of Appeal of Florida, Fourth District.

July 26, 1989.
Rehearing Denied August 30, 1989.

*691 Thomas J. Baird and Robert Banks, Asst. County Attys., Palm Beach County, West Palm Beach, for Palm Beach County.

John Beranek of Klein, Beranek & Walsh, P.A., West Palm Beach, for Allen Morris Co. and Realty Leasing Corp. of Georgia.

Nancy Malley Graham of Honigman Miller Schwartz and Cohn, West Palm Beach, for Joe Fearnley.

DELL, Judge.

This court consolidated the above styled appeal (87-2364) with four petitions for writ of certiorari and directed that a single brief be filed by each of the parties on all issues. The appeal and petitions for certiorari review arise out of an action taken by Palm Beach County which granted Bradley Construction Company, Inc.'s (Bradley) application to rezone property owned by Joseph Fearnley (Fearnley) from residential to commercial general and granted a special exception for the construction of mini-storage warehouse facilities. Fearnley owned a seven-acre parcel of property located adjacent to property owned by The Allen Morris Company (Morris). Bradley filed an application for rezoning of the Fearnley property and for a special exception *692 to allow the construction of mini-warehouse facilities on the property.[1]

Morris and Realty Leasing Corporation of Georgia (Realty Leasing) filed an action in the circuit court seeking review of Palm Beach County's rezoning of the property and the special use exception. The circuit court sitting in its appellate capacity stated:

The court has examined the record to determine by reference to the evidence on both sides if the evidence substantially supports the decision of the County. The court is guided by the rule of presumptive validity and by the fairly debatable rule. The court finds that the rezoning approval on the Bradley property, presumed to be valid, is fairly debatable and was supported by competent, substantial evidence in the record.

The trial court also concluded that the special exception for a mini-warehouse did not fall within the zoning code exceptions for an office/warehouse combination or a moving and storage facility. Morris and Realty Leasing filed a petition in this court for certiorari review of the circuit court's January 20, 1987 order which approved the rezoning of the subject property. Palm Beach County, Bradley and Fearnley seek certiorari review of that part of the same order which quashed the special use exception.

After the trial court entered its order of January 20, 1987, it heard and entered an order in a companion case filed by Morris and Realty Leasing which also sought injunctive relief and certiorari review of the action taken by Palm Beach County. Morris and Realty brought this action pursuant to section 163.3215, Florida Statutes (1985) and challenged the rezoning of the Fearnley property based upon its alleged inconsistency with the County's Comprehensive Land Use Plan. The trial court held that res judicata barred further argument based on the "fairly debatable" rule. The trial court found in part:

1. The property in question existed as a "single lot of record" prior to the adoption of the Palm Beach County Comprehensive Plan on August 4, 1980.
2. Pursuant to Chapter 163, Florida Statutes (1985), Palm Beach County has identified various land use categories in its comprehensive plan. All land within the unincorporated area of Palm Beach County has been assigned a particular land use category designation....
3. Commercial land uses within the county are identified within the text of the plan by "reference areas." The property at issue is located within Reference Area 14. Reference Area 14 permits commercial land uses on Military Trail from Southern Boulevard to Lake Worth Road. The plan does not specifically identify the extent or depth of commercial land uses on or along Military Trail.
4. The County's professional zoning and planning staff reviewed the petition requesting rezoning/special exception and recommended approval. The staff found that approval was expressly consistent with the comprehensive plan; i.e., the proposed rezoning to general commercial with a special exception for "moving and storage (enclosed)" was consistent with the plan's designation of commercial land use along Military Trail from Southern Boulevard to Lake Worth Road.
5. The County's Planning and Zoning Commission considered the petition for *693 rezoning/special exception at public hearing. The County determined that the commercial land use of the property extended for its entire depth pursuant to the County's interpretation that the entire "single lot of record" which existed prior to the adoption of the comprehensive plan could be designated as having commercial land use.
... .
7. The unrebutted expert testimony of Stanley Redick is credible and accepted by the court. The Palm Beach County Comprehensive Plan consists of both maps and text. The textual objectives, policies and goals are the controlling portion of the plan when determining a proposal's consistency with the plan; ...

The trial court noted that it had considered the factors set forth in section 163.3194(4), Florida Statutes (1985) and in this court's decision in Southwest Ranches Homeowners Association, Inc. v. Broward County, 502 So.2d 931 (Fla. 4th DCA 1987). The trial court concluded:

Courts must broadly construe comprehensive plans and make reference to the overall plan in reviewing consistency challenges. The court cannot find that a commercial land use on the Fearnley property is inconsistent with the County's comprehensive plan. In fact, the comprehensive plan expressly contemplates that the property has commercial potential. The County's decision to permit a commercial rezoning on the subject property was not, therefore, inherently inconsistent with its comprehensive plan.

Morris and Realty Leasing raise three points on appeal. First, they contend the trial court erred when it found the rezoning of the subject parcel from residential to commercial consistent with the Comprehensive Land Use Plan. Second, the trial court erred when it found the commercial rezoning fairly debatable, and third, the trial court erred when it applied res judicata to bar their arguments that the county's decision was not fairly debatable. Palm Beach County, Fearnley and Morris contend the trial court departed from the essential principles of law when it quashed the County's grant of a special exception for the construction of a mini-storage warehouse. We find no error in the trial court's approval of the rezoning of the subject parcel of land from residential to commercial. We reverse the trial court's order quashing the special exception for construction of a mini-storage warehouse facility.

In their first point on appeal, Morris and Realty Leasing argue that the trial court erred in finding the rezoning consistent with the Comprehensive Land Use Plan because the county admitted that the land use map, which it adopted as part of the land use plan, designated the property as residential.

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Cite This Page — Counsel Stack

Bluebook (online)
547 So. 2d 690, 1989 WL 81812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palm-beach-county-v-allen-morris-co-fladistctapp-1989.