Payne v. City of Miami

927 So. 2d 904, 2005 WL 3054601
CourtDistrict Court of Appeal of Florida
DecidedNovember 16, 2005
Docket3D05-708
StatusPublished
Cited by20 cases

This text of 927 So. 2d 904 (Payne v. City of Miami) 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
Payne v. City of Miami, 927 So. 2d 904, 2005 WL 3054601 (Fla. Ct. App. 2005).

Opinion

927 So.2d 904 (2005)

Herbert PAYNE, et al., Appellants,
v.
CITY OF MIAMI, etc., et al., Appellees.

No. 3D05-708.

District Court of Appeal of Florida, Third District.

November 16, 2005.
Rehearing and Rehearing Denied May 10, 2006.

*905 Andrew W.J. Dickman, for appellants.

Greenberg Traurig (Tallahassee) and David C. Ashburn; Greenberg Traurig (Miami) and Elliot H. Scherker, Paul R. Lipton, Edward G. Guedes, Lucia Dougherty, and Pamela A. DeBooth; Rafael E. Suarez-Rivas, Assistant City Attorney, for appellees.

Before RAMIREZ, SUAREZ, and CORTI—AS, JJ.

Rehearing and Rehearing En Banc Denied May 10, 2006.

CORTI—AS, Judge.

Balbino Investments, LLC ("Balbino") owns property on the Miami River and seeks to develop Hurricane Cove, a mixed-use retail and residential condominium project. In order to develop Hurricane Cove, Balbino applied for and obtained from the City of Miami ("City") a rezoning of its property and a major use special permit ("MUSP").

The Miami River Marine Group, Inc. ("Marine Group") is an advocacy organization that represents the interests of its members who own and operate marine industry businesses on the Miami River. Marine Group primarily focuses on studying and protecting the marine industry on the Miami River, and promotes land use and growth management policies to protect and enhance marine commerce on the Miami River. Marine Group alleges that the development of Hurricane Cove will increase residential housing on the Miami River, "an area that heretofore has been set aside, zoned, and used for only water-related and water-dependent marine industrial uses." Marine Group also alleges that the increase in residential housing will make it more difficult for its members to operate industrial businesses on the Miami River because "1) it will deplete the limited availability of land dedicated for marine industrial use, and 2) it will cause further real estate speculation and drive up land costs for limited locations on the Miami River resulting in greater likelihood that more industrial land on the river will be converted to residential/commercial use."

Herbert Payne ("Payne") is a member of Marine Group and a boat captain who owns and operates P & L Towing, Inc., one of the largest tugboat companies on the Miami River. Payne claims that he relies exclusively on commercial marine business on the Miami River for his livelihood. Like Marine Group, Payne expresses concern about the increase in residential housing that will result from the development of Hurricane Cove. Payne alleges that this increase in residential housing will make it more difficult for him to operate his business because it "will further erode limited marine industrial zoned land on the Miami River reserved for water-dependent and water-related uses."

Marine Group and Payne (collectively "Appellants"), along with two other plaintiffs,[1]*906 filed a complaint against Balbino and the City (collectively "Appellees"), seeking declaratory and injunctive relief. Appellants maintain that the rezoning and issuance of a MUSP are inconsistent with the City's Comprehensive Neighborhood Plan ("Comprehensive Plan"). Appellees filed a motion to dismiss the complaint for lack of standing. The trial court granted the motion to dismiss as to appellants. However, the trial court denied the motion to dismiss as to the two other plaintiffs, finding that they had standing to proceed.[2]

We review the trial court's dismissal of the appellants' complaint for lack of standing de novo. See Hospice of Palm Beach County, Inc. v. State, Agency for Health Care Admin., 876 So.2d 4, 7 (Fla. 1st DCA 2004); Fox v. Prof'l Wrecker Operators of Fla., Inc., 801 So.2d 175, 178 (Fla. 5th DCA 2001). In determining whether to dismiss a complaint for lack of standing, we must confine our review to the four corners of the complaint, draw all inferences in favor of the pleader, and accept all well-pled allegations in the complaint as true. See Fox, 801 So.2d at 178; see also Wexler v. Lepore, 878 So.2d 1276, 1280 (Fla. 4th DCA 2004); Hospice, 876 So.2d at 7; Putnam County Envtl. Council, Inc. v. Bd. Of County Comm'rs of Putnam County, 757 So.2d 590, 594 (Fla. 5th DCA 2000).

Section 163.3215, Florida Statutes (2004), sets forth the standing requirements for enforcing a local comprehensive plan, and provides, in relevant part:

Any aggrieved or adversely affected party may maintain a de novo action for declaratory, injunctive, or other relief against any local government to challenge any decision of such local government granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan adopted under this part. The de novo action must be filed no later than 30 days following rendition of a development order or other written decision, or when all local administrative appeals, if any, are exhausted, whichever occurs later.

ß 163.3215(3), Fla. Stat. (2004). This statute defines an "aggrieved or adversely affected party" as:

[A]ny person or local government that will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons. The term includes the owner, developer, or applicant for a development order.

ß 163.3215(2), Fla. Stat. (2004) (emphasis added).

Prior to the adoption of section 163.3215, common law rules for standing applied, requiring that the party possess a legally recognized right that would be adversely affected by a land use decision. Putnam *907 County, 757 So.2d at 593 (citing Citizens Growth Mgmt. Coal. of West Palm Beach, Inc. v. City of West Palm Beach, 450 So.2d 204, 208 (Fla.1984)). However, after section 163.3215 was adopted, the standing requirements for enforcing a comprehensive plan were liberalized. Putnam County, 757 So.2d at 593; Educ. Dev. Ctr., Inc. v. Palm Beach County, 751 So.2d 621, 623 (Fla. 4th DCA 1999); Southwest Ranches Homeowners Ass'n, Inc. v. County of Broward, 502 So.2d 931, 935 (Fla. 4th DCA 1987). As a remedial statute, section 163.3215 "allows an adversely affected third party to maintain an action to determine whether a development order is consistent with the [local] comprehensive plan." Educ. Dev. Ctr., 751 So.2d at 622-623.

Within the Comprehensive Plan is a section entitled "Ports, Aviation and Related Facilities," which includes a subsection entitled "Port of Miami River." Appellants allege that the City's decision to rezone Balbino's property and to issue a MUSP is inconsistent with the goals, objective, and policies of the "Port of Miami River" subsection. This subsection provides, in relevant part:

Goal PA-3:

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Bluebook (online)
927 So. 2d 904, 2005 WL 3054601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-city-of-miami-fladistctapp-2005.