Stranahan House v. City of Fort Lauderdale

967 So. 2d 427, 2007 WL 3170186
CourtDistrict Court of Appeal of Florida
DecidedOctober 31, 2007
Docket4D06-4230
StatusPublished
Cited by8 cases

This text of 967 So. 2d 427 (Stranahan House v. City of Fort Lauderdale) 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
Stranahan House v. City of Fort Lauderdale, 967 So. 2d 427, 2007 WL 3170186 (Fla. Ct. App. 2007).

Opinion

967 So.2d 427 (2007)

STRANAHAN HOUSE, INC., and Friends of the Park at Stranahan House, Inc., Appellants,
v.
CITY OF FORT LAUDERDALE, a Florida Municipal Corporation, and Coolidge-South Markets Equities, L.P., a Delaware Limited Partnership, Appellees.

No. 4D06-4230.

District Court of Appeal of Florida, Fourth District.

October 31, 2007.

*429 W. Tucker Gibbs of W. Tucker Gibbs, P.A., Coconut Grove, for appellants.

Alain E. Boileau and Robert H. Schwartz of Adorno & Yoss LLP, Fort Lauderdale, for appellee City of Fort Lauderdale.

Helaina Bardunias and Robert S. Hackleman of Gunster, Yoakley & Stewart, P.A., Fort Lauderdale, and Brigham Moore, LLP, Miami, for appellee Coolidge-South Markets Equities, L.P.

SHAHOOD, C.J.

Stranahan House, Inc., and Friends of the Park at Stranahan House, Inc. ("Friends")(collectively "Stranahan") appeal the trial court's final order in favor of the City of Fort Lauderdale ("City") and Coolidge-South Markets Equities, L.P. ("Coolidge"). The order dismissed Stranahan's complaint for declaratory judgment and injunctive relief. We hold that the trial court erred in finding that it had previously adjudicated the issues raised in Stranahan's complaint. We also hold that Stranahan has standing to maintain the present suit. We therefore reverse and remand.

This suit arises from Coolidge's attempt to develop a downtown Fort Lauderdale property known as the Hyde Park Market site, located at 500 East Las Olas Boulevard. The property lies adjacent to the Stranahan House on the north bank of the New River. The Stranahan House is a historic museum that is the former home of Frank and Ivy Stranahan. The Stranahans were wealthy traders, philanthropists, and civic leaders, and are often referred to as the "founding family" of Fort Lauderdale.

The Fort Lauderdale Historical Society purchased the Stranahan House in 1975. The City designated it a Historic District the same year. The Stranahan House is zoned as an H-1 Historic Preservation District under the Unified Land Development Regulations ("ULDRs"). However, the adjacent Hyde Park Market site was not designated a Historic Preservation District. The Hyde Park Market site is *430 zoned as a Downtown Regional Activity Center — City Center, which permits an intense level of land use.

Coolidge purchased the Hyde Park Market property in 1998. The following year, Coolidge submitted its original site plan to the City for developing a 38-story condominium tower on the property. In 2000, the Hyde Park Market site was the subject of an eminent domain proceeding by the City, which wished to put a public park on the property.[1] In May 2001, Stranahan and the City entered into an agreement ("Agreement") whereby Stranahan would contribute funds towards the acquisition of the property. The Agreement further provided that the City "in its sole discretion, is responsible for all actions to be taken in connection with the acquisition" of the Hyde Park Market site. The City would have "the sole right and authority in all negotiations and determinations regarding the acquisition" of the property.

In March 2002, the circuit court granted summary judgment against the City on its eminent domain petition. The court concluded there was no reasonable necessity for condemning the site for use as a park. The court also found that the Historic Preservation Element of the City's Comprehensive Land Use Plan ("comprehensive plan") did not include the Hyde Park Market site.

In November 2004, the circuit court approved a Consent Final Judgment entered into between the City and Coolidge containing the terms of a settlement negotiated by the parties and approved by the City Commission. Coolidge agreed to suspend its counterclaims and submit an alternative site plan. The alternative site plan would provide for the same intensity of development that Coolidge proposed in its original site plan, but would reconfigure the proposed building in order to create a broad, park-like plaza between the condominium building and the Stranahan House. Coolidge would convey the plaza area to the City subject only to an easement for joint use by Coolidge consistent with the plan.

The Consent Final Judgment stated that the original site plan complied with all applicable ULDRs as they existed on September 8, 1999, and that the original site plan was consistent with the comprehensive plan. The Consent Final Judgment also provided that the 1999 ULDR standards were the "applicable regulations" that would govern the alternative site plan. The parties agreed that if, for any reason, Coolidge did not obtain all necessary approvals for the alternative site plan, the remainder of the Consent Final Judgment would be enforced with respect to the original site plan. Finally, the City agreed to "diligently expedite and cooperate" with Coolidge in obtaining all necessary approvals and permits to allow development of the alternative site plan.

The City Commission approved the alternative site plan on December 6, 2005, in a resolution that granted site plan approval and development of the Hyde Park Market site. Stranahan filed its complaint several months later for declaratory and injunctive relief against the City and Coolidge pursuant to section 163.3215, Florida Statutes (2006). The complaint challenged the City Commission's approval of the alternative site plan. It alleged that the development order approving the alternative site plan was inconsistent with the objectives and policies of the City's comprehensive plan regarding protection of *431 historic resources and neighborhood compatibility.

Stranahan's complaint alleged, among other things, that the City's failure to present the alternative site plan application to the Historic Preservation Board for review and comment was inconsistent with policies in the Historic Preservation Element of the comprehensive plan requiring such a review of the impact of developments on historic resources. Count I sought a declaration that the City acted contrary to the requirements of the comprehensive plan in approving the resolution that approved the site plan for the Hyde Park Market Property. It requested the court set aside and vacate the development order. Count II sought a permanent injunction against the issuance of any development orders, permits, or other development approvals pursuant to the development order for the project. It also sought to enjoin Coolidge from using the property or making improvements on it.

The City filed a motion to dismiss Stranahan's complaint on the basis that the issue upon which Stranahan was seeking injunctive and declaratory relief had previously been ruled upon and adjudged to finality by the court. Specifically, the City argued that the issue of consistency with the comprehensive plan was decided in the previous eminent domain action through the Consent Final Judgment. Stranahan contended that although the Consent Final Judgment stated that the original site plan was consistent with the City's comprehensive plan, it made no determination that the alternative site plan was consistent with the comprehensive plan. The trial court granted the City's motion to dismiss Stranahan's complaint. After a review of the complaint and the long history of the litigation over the Hyde Park Market site, the court found that the issues raised were no different than those previously raised and adjudicated by the court.

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Bluebook (online)
967 So. 2d 427, 2007 WL 3170186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stranahan-house-v-city-of-fort-lauderdale-fladistctapp-2007.