Palm Beach County v. Town of Palm Beach

507 So. 2d 1154, 12 Fla. L. Weekly 1253, 1987 Fla. App. LEXIS 8150
CourtDistrict Court of Appeal of Florida
DecidedMay 13, 1987
DocketNo. 85-2201
StatusPublished
Cited by2 cases

This text of 507 So. 2d 1154 (Palm Beach County v. Town of Palm Beach) 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. Town of Palm Beach, 507 So. 2d 1154, 12 Fla. L. Weekly 1253, 1987 Fla. App. LEXIS 8150 (Fla. Ct. App. 1987).

Opinion

PER CURIAM.

This is an appeal from a final order dated August 30, 1985 based upon allegations that defendant, Palm Beach County, taxed properties within the several municipalities for the benefit of residents in the unincorporated areas.

We have considered the record and the excellent presentations in reviewing the correctness of the mentioned order. We are of the opinion that no error has been demonstrated and that the Honorable John D. Wessel, the trial judge, did fully and correctly address all the concerns of the parties. We adopt the following order as this court’s opinion:

This cause came on for hearing on August 21, 1985, pursuant to the request of plaintiffs, Town of Palm Beach and City of West Palm Beach, to enforce those provisions of this Court’s July 23, 1981, Final Judgment, sustained by the opinion of the Supreme Court of Florida in Town of Palm Beach v. Palm Beach County, 460 So.2d 879, 884-85 (Fla.1985), relating to neighborhood parks [1156]*1156and recreation areas. Following consideration of testimony, documentary evidence and arguments of counsel, this Court makes the following findings with respect to this sole remaining issue in this double taxation litigation:
Neighborhood parks and recreation areas was one of the four services challenged by the plaintiff municipalities in this cause. At the trial on the merits held in January 1981, plaintiffs offered the testimony of County Parks Director John Dance by deposition (PX 27) and certain exhibits prepared or identified by Mr. Dance (PX 21-25). Mr. Dance defined a “neighborhood park” in accordance with the standards promulgated by the National Recreational and Park Association as follows:
“A neighborhood park is a small park within walking distance within the community in which it is located. It is up to approximately five acres in size and is designed to service only the neighborhood in which it is located.

“The court adopted that definition in its Final Judgment (page 20), as did the Supreme Court (460 So.2d at 884). Parks Director Dance, at plaintiffs’ request, further identified some nine neighborhood parks and recreation areas (plus Byrd Park, which was demolished shortly thereafter to make way for the County Administration Complex). Those parks were identified by Dance in PX 24, which was received in evidence without objection during the trial on the merits (Tr.177). This list was used not only during Mr. Dance’s testimony but also as the basis of Mr. Richard Kelton’s testimony concerning neighborhood parks (Tr.177-79), by Mr. George Frost, former County Engineer, in his testimony concerning parks (Tr.272-74), and in the testimony of Mr. Robert Burdett, Director of Recreation for the City of West Palm Beach (Tr.300-306). This evidence served as the basis for this Court’s original holding as to neighborhood parks and recreation areas; it was cited by Judge Downey in his dissent on this issue (426 So.2d 1063, 1072), and with approval by the majority of the Supreme Court (460 So.2d at 879, 884-85).

By Order dated September 11, 1981, this Court conditioned a stay during appeal upon the posting of an escrow fund. That order was affirmed by the district court, Palm Beach County v. Town of Palm Beach, 403 So.2d 631 (Fla.4th DCA 1981). To comply with that order, Mr. Dance prepared a memorandum estimating the expenses for maintaining the neighborhood parks for fiscal year 1981-82 totaling $196,-700 (DX 1 to the hearing of 8/21/85). That memorandum, dated September 9, 1981, almost two years after the preparation of DX 24, contains two neighborhood parks not contained on the original list. The most significant, American Homes Park, was not contained on the entire original Parks Inventory (PX 24); thus, it must be assumed that that park was added as a county park sometime between the time of Mr. Dance’s 1979 deposition and the date upon which the Final Judgment was to have become effective, October 1, 1981. To make its estimate of expenses for the years from fiscal year 1982-83 through 1984-85, the Plaintiffs’ expert, Richard Kelton, used the nine parks identified by Mr. Dance originally, plus the two added by him, in arriving at his escrow estimate.

Defendant Palm Beach County does not take issue with plaintiffs’ entitlement to the funds set aside for fiscal year 1981-82, with interest, but makes three principal arguments against enforcement of the Final Judgment for the fiscal years 1982-83, 1983-84 and 1984-85.

First, the County contends that because the Supreme Court’s decision in Manatee County [Manatee County v. Town of Longboat Key, 365 So.2d 143 (Fla.1979)] prohibits a money judgment for damages in a dual taxation case, to require the County to pay over to the cities their portion of monies expended by neighborhood parks in the unincorporated areas would violate that prohibition.

Contrary to the County’s position, this Court finds that the Manatee County decision supports an award in this instance. In that case, the trial judge awarded damages for the two fiscal years prior to entry [1157]*1157of the final judgment (352 So.2d 869, 872 (Fla. 2nd DCA 1977). The Supreme Court reversed, holding the trial judge had

“no authority under our constitution, the statutes, or legal precedents which support a money judgment against a county because of dual taxation problems in past years.” 365 So.2d at 147 (emphasis added).

However, the Court further held that the trial court did have the authority to provide for the enforcement of “alternative methods of relief ... against a county for future tax years ...” (365 So.2d at 147). Thus, the Court stated,

“Where the Legislature has created such a clear remedy for a specifically identified evil, a court of equity will enforce that remedy.
“...
“... We further hold that a court may order a board of county commissioners to follow the dictates of the statute, but may not enter money judgments against counties for the past tax years.” 365 So.2d at 147-48.

In conformity with the Manatee County decision, this Court’s Final Judgment did not enter money judgments against the County for past tax years, but directed the County prior to the beginning of fiscal year 1981-82 to adopt “an appropriate mechanism to alleviate, correct, and make right those unconstitutional acts described herein for the ensuing fiscal years” in conformity with the constitutional and statutory provisions.

Rather than alter its budgetary procedures during the pendency of the appeal, the County relied upon the stay of this Court’s mandate by escrowing the amount set by the Court. Once the appeal became final, the portion of the Final Judgment ultimately sustained by the Supreme Court is effective from the date of entry, July 23, 1981, and the County, like any other litigant, is required to comply with the Judgment from that date forward.

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Bluebook (online)
507 So. 2d 1154, 12 Fla. L. Weekly 1253, 1987 Fla. App. LEXIS 8150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palm-beach-county-v-town-of-palm-beach-fladistctapp-1987.