Pinellas County v. Lake Padgett Pines

333 So. 2d 472
CourtDistrict Court of Appeal of Florida
DecidedJune 4, 1976
Docket76-164, 76-184, 76-223, 76-248, 76-270 and 76-301
StatusPublished
Cited by14 cases

This text of 333 So. 2d 472 (Pinellas County v. Lake Padgett Pines) 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
Pinellas County v. Lake Padgett Pines, 333 So. 2d 472 (Fla. Ct. App. 1976).

Opinion

333 So.2d 472 (1976)

PINELLAS COUNTY, a Political Subdivision of the State of Florida, et al., Appellants,
v.
LAKE PADGETT PINES, a Florida Co-Partnership, and Pasco County, a Political Subdivision of the State of Florida, Appellees.

Nos. 76-164, 76-184, 76-223, 76-248, 76-270 and 76-301.

District Court of Appeal of Florida, Second District.

June 4, 1976.
Rehearing Denied July 1, 1976.

*473 John T. Allen, Jr., St. Petersburg, and W. Gray Dunlap, County Atty., Clearwater, for Pinellas County.

Carl R. Linn, City Atty., St. Petersburg, for City of St. Petersburg.

A. Fletcher Dyches and Thomas E. Cone, Jr., of Gibbons, Tucker, McEwen, Smith, Cofer & Taub, Tampa, for Southwest Florida Water Management District.

Louis F. Hubener, III, Tallahassee, for Division of State Planning.

Louis de la Parte, Jr., Tampa, for West Coast Regional Water Supply Authority.

Roger S. Tucker, St. Petersburg, for Tampa Bay Regional Planning Council.

Barry Lessinger, Tallahassee, and Michael H. Feiler, Detroit, Mich., for appellee, Lake Padgett Pines.

Jacob D. Varn, Roger D. Schwenke, and Steven L. Sparkman, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, for appellee Pasco County.

SCHEB, Judge.

The central issue on this appeal is whether the trial court erred in holding the Cypress Creek Well Field project in Pasco County to be a "development of regional impact" as defined in Fla. Stat. Ch. 380. We hold it did and reverse.

Appellee/plaintiff Lake Padgett Pines, a Florida partnership, filed its complaint naming Pasco County and the appellants herein as defendants; the appellants being those several governmental entities involved in various roles in the project. Pasco County, not having taken an appeal, is now an appellee before this court.

Development of the Cypress Creek Well Field in Pasco County was undertaken to furnish water to densely populated Pinellas County. The plaintiff, a developer with large land holdings nearby the project, alleged that the construction and operation of the well field constituted a development of regional impact (DRI) which was proceeding without complying with Ch. 380. Lake Padgett contended that, as a result of the project, it would suffer damages different in kind from those which may occur to the general public in that the well field will jeopardize the water supply from its own wells, lower the level of the lakes on its property, and result in other damages peculiar to its lands. It sought to enjoin the appellants from continuing the project and from pumping from the well field until compliance with the requirements of Ch. 380.

At the present posture of this case, we find a summary judgment entered in favor of the plaintiff Lake Padgett with the trial judge having found that the Cypress Creek Well Field (and a flood detention area which was "inextricably related") were DRI's under Ch. 380. In a supplemental judgment the trial court ordered compliance with Ch. 380, and enjoined continuation of the project until such compliance was effectuated, with the stipulation that if *474 the development does not meet such requirements, then the defendants were "permanently and forever restrained and enjoined from further development activities upon said water retention or well field project."[1] The appellants challenge this determination made by the trial court while Pasco County supports Lake Padgett's position that the court correctly found the project to be a DRI under Ch. 380.

Prefatory to discussing the applicability of Ch. 380, we address procedural questions raised on this appeal as to whether Lake Padgett, a partnership, had capacity to bring suit without joinder of all of its partners and, if so, whether it had the requisite standing to seek to enjoin the alleged violation.

Under the common law, a partnership cannot sue or be sued in its firm name. At common law such a business organization had no identity apart form its members and not being a person, either natural or artificial, it could neither take nor hold legal title to real estate. 60 Am.Jur.2d, Partnership, § 88; 24 Fla.Jur., Partnership, § 46. Restrictions on holding and conveying real property were eliminated by Florida's adoption of the Uniform Partnership Act.[2] Since 1972, Fla. Stat. § 620.595 has authorized a partnership to acquire and convey real property in the partnership name. We recognize that in Aronovitz v. Stein Properties, Fla.App.3d 1975, 322 So.2d 74, our sister court held that notwithstanding the new Act, each partner who had an interest under a contract was an indispensible party to a complaint seeking enforcement of the contract. In our judgment such a construction cannot be applied to preclude Lake Padgett, a partnership with statutory authority to hold and convey title to real property in its partnership name, from litigating to protect its interest in that real property. To this extent, we find the instant case distinguishable from Aronovitz. Moreover, in view of RCP 1.210, which provides for actions to be prosecuted by the real party in interest, it appears that a partnership recognized as an entity for the purpose of holding and conveying title would, indeed, be such a party.[3]

Appellants' contention that Lake Padgett lacks standing to sue stems primarily from this court's opinion in Sarasota County v. General Development Corp., Fla.App.2d 1976, 325 So.2d 45. There, Sarasota County sought a declaratory judgment that General Development was in violation of Ch. 380, and this court, speaking through Judge Boardman, held that the City of North Port, wherein the affected lands were situate, was the only local government with standing to seek to enjoin alleged violations of Ch. 380, and that under the statutory scheme set out in Fla. Stat. § 380.07(2), the county which had neither title to nor zoning authority over the lands lacked standing to enter the controversy. Fla. Stat. § 380.07(2), affords ample protection of the interest of the general public by authorizing the local government and the appropriate regional planning agency and the State Land Planning Agency to appeal matters concerning DRI's directly to the Florida Land and Water Adjudicatory Commission. And, to have sanctioned the county injecting itself into that controversy would merely have placed an additional layer of government into the statutory scheme of protection of the public. While intervention of that character could have been provided for under the statute, it has *475 not been so expressed by the Legislature. Here, however, as an owner of substantial nearby land holdings, Lake Padgett alleged and the trial court determined that the damages which could accrue to Lake Padgett from a project of this character and magnitude would be materially different in kind from those affecting the public generally. While governmental agencies exercise concern for the general public; nevertheless, a private owner in these instances frequently will have a more direct concern where, as here, such a project has the potential of greatly affecting its own lands. We think these factors adequately distinguish this case from the Sarasota County

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Bluebook (online)
333 So. 2d 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pinellas-county-v-lake-padgett-pines-fladistctapp-1976.