Striton Properties, Inc. v. City of Jacksonville Beach

533 So. 2d 1174, 1988 WL 92998
CourtDistrict Court of Appeal of Florida
DecidedSeptember 9, 1988
Docket87-60
StatusPublished
Cited by10 cases

This text of 533 So. 2d 1174 (Striton Properties, Inc. v. City of Jacksonville 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
Striton Properties, Inc. v. City of Jacksonville Beach, 533 So. 2d 1174, 1988 WL 92998 (Fla. Ct. App. 1988).

Opinion

533 So.2d 1174 (1988)

STRITON PROPERTIES, INC., Appellant,
v.
The CITY OF JACKSONVILLE BEACH, Florida, and the Community Redevelopment Agency of the City of Jacksonville Beach, Florida, Appellees.

No. 87-60.

District Court of Appeal of Florida, First District.

September 9, 1988.
Rehearing Denied December 8, 1988.

*1175 Alan C. Sundberg and Cynthia S. Tunnicliff of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tallahassee, and Peter J. Winders and Donald E. Hemke of Carlton, Fields, Ward, Emmanuel, Smith, Cutler & Kent, P.A., Tampa, for appellant.

Karen K. Cole of Boyd & Jenerette, P.A., Jacksonville, for appellee City of Jacksonville Beach, Fla.

Judith S. Beaubouef and William S. Graessle, Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, for appellee Community Redevelopment Agency of the City of Jacksonville Beach, Fla.

ZEHMER, Judge.

Striton Properties, Inc. (Striton) appeals the dismissal of Counts I through IV of its Second Amended and Supplemented Complaint against the City of Jacksonville Beach, Florida (the City) and the Community Redevelopment Agency of the City of Jacksonville Beach, Florida (the Agency). The lower court dismissed Counts I through IV on the ground that the conduct *1176 alleged therein is "not actionable." We affirm.

This dispute evolved from efforts of the City, the Agency, and Striton to implement the Community Redevelopment Act of 1969 ("the Act"),[1] a brief overview of which is necessary to understand this case. The Act provides counties and municipalities with a comprehensive system for the redevelopment of blighted and slum areas when such redevelopment is necessary in the interest of the public health, safety, morals, or welfare of the residents of the county or municipality. §§ 163.335, 163.355, Fla. Stat. (1977). The legislature enacted the provisions of Chapter 163 because it found the redevelopment of slum and blighted areas to be a "necessity in the public interest"; in furtherance of this interest, it enacted provisions conferring powers for public uses and authorizing the expenditure of public money and the exercise of the powers of eminent domain and police power. § 163.335(3), Fla. Stat.(1977). Upon determining that such an area exists within the county or municipality and that redevelopment of that area is necessary, the county or municipality is authorized to create a community redevelopment agency to carry out the purposes of the Act. § 163.356(1), Fla. Stat. (1977). Such an agency is vested with the "powers necessary or convenient to carry out and effectuate the purposes and provisions" of the Act; however, certain powers are specifically reserved to the governing body of the county or municipality, including the "power to grant final approval to community redevelopment plans and modifications thereof." § 163.358, Fla. Stat. (1977). The agency may prepare, or cause to be prepared, a community redevelopment plan, or any person or agency, public or private, may submit such a plan to the agency. § 163.360(3), Fla. Stat.(1977). Once the agency has decided upon a plan to recommend for approval, it must submit that plan to the governing body[2] who, after holding a public hearing on the project, may approve the project if it meets certain statutory requirements. §§ 163.360(4), (6), Fla. Stat. (1977). Upon the governing body's approval of the redevelopment plan, the plan is deemed to be in full force and effect and the county or municipality may then cause the agency to carry out the plan or modification in accordance with its terms. § 163.360(8), Fla. Stat. (1977).

Against that setting, we now move to the relevant and material facts of this case as revealed in the complaint and attached documents. In 1977, pursuant to the Act, the City of Jacksonville Beach, Florida designated an area within the City as a community redevelopment area (the Area).[3] In 1978, the City created the Community Redevelopment Agency of the City of Jacksonville Beach, Florida to plan and carry out redevelopment of the Area. The Agency requested that developers submit proposals for redeveloping the Area. Striton Properties, Inc. submitted such a proposal and was selected as master developer.

In January 1981, Striton and the Agency executed the Planning and Development Agreement confirming Striton's appointment as master developer of the Area and outlining the procedures Striton and the Agency were to follow in preparing a redevelopment plan. The Planning and Development Agreement provided, inter alia, that within 120 days of approval of the Planning and Development Agreement, Striton was to submit a conceptual development plan to the Agency for its approval; Striton and the Agency were immediately to begin preparing a community redevelopment plan, which was to be completed within 180 days of approval of the conceptual plan; and within 90 days of the City's approval of the community redevelopment plan, Striton was to submit to the Agency its proposed final development agreement. The Planning and Development Agreement also provided that, in the event approval of the plans was not obtained or the agreement was terminated, the Agency would *1177 reimburse Striton for costs, expenditures and advances up to a maximum of $250,000.00.[4] This agreement was signed by the Agency and Striton; it was not signed by the City.

In accordance with the Planning and Development Agreement, Striton prepared the Conceptual Plan and submitted it to the Agency and the City for approval.[5] Striton and the Agency then prepared the Community Redevelopment Plan. The City declined to approve the plan after a public hearing held in December 1982. After revision and resubmission of the plan dated April 4, 1983, the City approved the plan by resolution on that same date. However, the resolution approving the revised Community Redevelopment Plan was amended on April 18, 1983 to direct that the Agency initially undertake to redevelop only "Phase I" of the Area. The Agency thereupon advertised for development bids specifically for Phase I. Striton, while reserving its alleged rights under the Planning and Development Agreement to develop the entire Area, submitted to the Agency a bid for developing Phase I. The Agency accepted this bid.

Striton and the Agency then negotiated the Disposition and Development Agreement for the Jacksonville Beach Community Redevelopment Area (the Disposition and Development Agreement). The stated purpose of the Disposition and Development Agreement was to effectuate the Community Redevelopment Plan by providing for the disposition and development of real property in the Phase I development area. Upon approving the Disposition and Development Agreement, the Agency notified the City that it intended to execute the Disposition and Development Agreement upon the expiration of 30 days. The City, however, disapproved of the Disposition and Development Agreement, had a separate agreement prepared, and directed that the new agreement be substituted for the Disposition and Development Agreement. The Agency refused to accept the substitute agreement.[6] Upon such refusal, the City requested the Agency members' resignations and removed from office those members who refused to resign. The City then adopted a resolution revoking its earlier approval of the Community Redevelopment Plan covering Phase I.

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Bluebook (online)
533 So. 2d 1174, 1988 WL 92998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/striton-properties-inc-v-city-of-jacksonville-beach-fladistctapp-1988.