Rainbow River Conservation, Inc. v. Rainbow River Ranch, LLC

189 So. 3d 312, 2016 WL 1465658, 2016 Fla. App. LEXIS 5768
CourtDistrict Court of Appeal of Florida
DecidedApril 15, 2016
DocketNo. 5D15-2436
StatusPublished

This text of 189 So. 3d 312 (Rainbow River Conservation, Inc. v. Rainbow River Ranch, LLC) 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
Rainbow River Conservation, Inc. v. Rainbow River Ranch, LLC, 189 So. 3d 312, 2016 WL 1465658, 2016 Fla. App. LEXIS 5768 (Fla. Ct. App. 2016).

Opinion

LAWSON, C.J.

Rainbow River Conservation, Inc., and a number of other private citizens, [313]*313intervenors below (“Intervenors”), appeal an Order Approving an Amended Settlement Agreement between Rainbow River Ranch, LLC, Conservation Land Group, LLC, (the two “Property Owners”), the City of Dunnellon, and the Florida Department of Economic Opportunity (DEO), f/k/a the Department of Community Affairs. The settlement agreement was entered pursuant to section 70.001, Florida Statutes (2012), known as the “Bert J. Harris, Jr., Private Property Rights Protection Act” (“Bert Harris Act”). Because the circuit court approved the settlement without “ensur[ing] that the relief granted [by the settlement agreement] protects the public interest served by the statute at issue [section 163.3184, Florida, Statutes (2012) ] and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property,” section 70.001(4)(d)2., Florida Statutes (2012), we reverse and remand for further proceedings.

The Florida Legislature enacted The Local Government Comprehensive Planning and Land Development Regulation Act (“Growth Management Act”) in 1985, as part of Chapter 85-55, Laws of Florida. Codified in Chapter 163, Florida-Statutes, Part II, this enactment (in relevant part) mandates the adoption of local comprehensive land development plans, including a “future land use plan element” consisting of “land use maps or map series” to guide “the orderly and balanced future economic, social, physical, environmental, and fiscal development of the area ....” § 163.3177(1), (6)(a)6., Fla. ’ Stat. (2012). “The comprehensive plan is similar to a constitution for all future development within the governmental boundary.” Citrus Cty. v. Halls River Dev., Inc., 8 So.3d 413, 420-21 (Fla. 5th DCA 2009). “Once a comprehensive plan has been adopted pursuant to Chapter 163, Part II, ‘all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan’ must be consistent with that plan.” Id. at 421 (quoting § 163.3194(l)(a), Fla. Stat. (2005)). “Citizen enforcement is the primary tool for holding local government to its land use ‘constitution’ by insuring the consistency of development orders with the city’s or county’s comprehensive plan.” Nassau Cty. v. Willis, 41 So.3d 270, 276 (Fla. 1st DCA 2010) (footnote omitted).

The Florida Legislature enacted the Bert Harris Act in 1995, as part of Chapter 95-181, Laws of Florida, to protect property owners “when a new law, rule, regulation, or ordinance of the state or a political entity in the state, as applied, unfairly affects real property.” § 70.001(1), Fla. Stat. (2012)- The Bert Harris Act created a new cause of action for property owners, against 'the government, to compensate the owner when an existing use of the owner’s property “or a vested right to a specific use of real property” is “inordinately burdened” by a new governmental regulation. § 70.001(2), Fla. Stat. (2012). When a property owner- brings a Bert Harris Act claim, the statute expressly authorizes the parties to settle by agreeing to an “adjustment of land development or permit standards or other provisions controlling the development or use of land,” so long as the “relief granted” protects the “public interest - served by the regulations at issue” • and is “the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.” § 70.001(4)(c)l., (d)l., Fla. Stat. (2012). “Whenever a governmental entity enters into a settlement agreement under this section which would have the- effect of'contravening the application of a statute as it would otherwise apply to the subject real property,” circuit court approval is required. [314]*314§ 70.001(4)(d)2., Fla. Stat. (2012). The circuit judge is then tasked with the weighty responsibility of “ensur[ing] that the relief granted protects the public interest served by the statute at issue” and that the relief “is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.” Id. Notably, the Bert Harris Act expressly grants circuit judges broad power to “enter any orders necessary to effectuate the purposes of this section and to make final determinations to effectuate relief available under this section.” § 70.001(7)(a), Fla. Stat. (2012).

The real property at issue consists of two contiguous parcels, located within the City of Dunnellon along Rainbow River, adjacent to Rainbow Springs State Park. When the Property Owners purchased the property in 2004, the land was subject to a future land use map, adopted by ordinance in 2001, which significantly limited development of the property, particularly along Rainbow River. The 2001 future land use map, for example, included a 36-acre conservation area adjacent to Rainbow River, where only “passive uses” (and no. development) were allowed. . In 2007, the City of Dunnellon amended its. comprehensive plan in. a way that, according to the Property Owners, restricted the future use of their property even further. The Property Owners initiated a Bert. Harris Act claim that ultimately led to a settlement agreement, which significantly adjusted the development standards controlling the property by permitting development in areas (and -densities) not allowed under either the 20.01 or 2007 City of Dunnellon comprehensive plan. Recognizing that the agreement would have the effect of contravening section 163.3184, -Florida Statutes (2012), by essentially amending the comprehensive plan without following the notice, public participation and state, review requirements in that statute for local comprehensive plan amendments, the parties to the agreement sought circuit court approval, as required by section 70.001(4)(d)2. The Intervenors opposed approval of the agreement, arguing that it did not protect the public interests served by section 163.3184 and provided far more relief to the Property Owners than necessary to prevent an inordinate burden on the property from the City’s 2007 comprehensive plan amendment. The Interve-nors also sought an evidentiary hearing on the relevant issues to resolve a number of factual issues material to the circuit court’s decision to approve or disapprove the agreement.

The Property Owners argued that no hearing was necessary because the court was required to accept the stipulation of the settling parties that the agreement met the requirements for circuit court approval. In support of this position, the Property Owners argued that the only public interest served by section 163.3184 is the interest in enabling state and local government to guide, and control future development. Because both the City and the DEO agreed to the settlement, they argue,. this interest was fully satisfied. .The Property Owners also argued that the Intervenors, as intervenors, “were bound to accept the record-as it is and could not raise new issues” by seeking an evidentia-ry hearing.

The circuit court appears to have accepted the Property Owners’ arguments, and approved the settlement agreement without taking any evidence and without elaboration in the order on review. Clearly, the plain language of section 70.001(4)(d)2. required more.

First, the Properly Owners are incorrect in their assessment of the public interests served by the relevant statute. “Chapter 163, part :II, Florida Statutes [315]

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Related

Martin County v. Yusem
690 So. 2d 1288 (Supreme Court of Florida, 1997)
Citrus County v. Halls River Development, Inc.
8 So. 3d 413 (District Court of Appeal of Florida, 2009)
Nassau County v. Willis
41 So. 3d 270 (District Court of Appeal of Florida, 2010)

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Bluebook (online)
189 So. 3d 312, 2016 WL 1465658, 2016 Fla. App. LEXIS 5768, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rainbow-river-conservation-inc-v-rainbow-river-ranch-llc-fladistctapp-2016.