Village of Wellington v. Palm Beach County

941 So. 2d 595, 2006 WL 3373045
CourtDistrict Court of Appeal of Florida
DecidedNovember 22, 2006
Docket4D05-2666, 4D05-2687
StatusPublished
Cited by2 cases

This text of 941 So. 2d 595 (Village of Wellington v. Palm Beach County) 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
Village of Wellington v. Palm Beach County, 941 So. 2d 595, 2006 WL 3373045 (Fla. Ct. App. 2006).

Opinion

941 So.2d 595 (2006)

The VILLAGE OF WELLINGTON, The City of Delray Beach, The City of Lake Worth, The Town of South Palm Beach, The City of Atlantis, and The City of West Palm Beach, Florida municipalities, Appellants,
v.
PALM BEACH COUNTY, Florida, a political subdivision, Appellee.

Nos. 4D05-2666, 4D05-2687.

District Court of Appeal of Florida, Fourth District.

November 22, 2006.
Rehearing Denied November 22, 2006.

*597 Claudio Riedi, Dexter Lehtinen and Anthony J. O'Donnell of Lehtinen, Vargas & Riedi, P.A., Miami; Jeffrey S. Kurtz and Jonathan M. Streisfeld, of Brinkley, Morgan, Solomon, Tatum, Stanley, Lunny & Crosby, LLP, Fort Lauderdale, for appellant Village of Wellington.

Susan A. Ruby, City Attorney, Delray Beach, for appellant City of Delray Beach.

Elaine A. Humphreys, Assistant City Attorney, Lake Worth, for appellant City of Lake Worth.

Keith W. Davis of Corbett & White, P.A., Lantana, for appellants City of Atlantis and Town of South Palm Beach.

Robert P. Banks, Assistant County Attorney, West Palm Beach, for appellee.

Linda Brehmer Lanosa, Assistant County Attorney, Orlando, for Amicus Curiae Orange County.

ON MOTION FOR REHEARING, REHEARING EN BANC, AND CLARIFICATION

SHAHOOD, J.

We deny the appellant's motion for rehearing and rehearing en banc, but grant the motion for clarification to correct typographical errors, and substitute the following opinion.

This action was commenced by The Village of Wellington, the City of Delray Beach, the City of Atlantis, the Town of South Palm Beach, and the City of Lake Worth (collectively "Appellants"), bringing an action for declaratory judgment and injunctive relief against Palm Beach County (PBC).[1] The declaratory judgment portion of the action challenged the validity of a 2004 amendment to the Palm Beach County Charter, which intended to provide an exclusive method of voluntary municipal annexation for the County. The trial court entered an order based on appellants' and PBC's cross-motions for summary judgment. The order entered found the Palm Beach County Charter Amendment to be partially valid, but contained three invalid provisions.

Appellants appeal the Order on Motions for Summary Judgment/ Final Judgment. Appellee, PBC, cross-appeals that part of the court's ruling that found the Charter Amendment contained three invalid provisions. We affirm the appeal and cross-appeal.

The order appealed related to an ordinance approved by the Palm Beach County Commission seeking to amend the County's charter involving voluntary annexation. The trial court in its ruling upheld the amendment by severing the invalid portions.

On August 17, 2004, the Palm Beach County Commission approved Ordinance 2004-021. The Ordinance set forth the proposed charter amendment language, and placed the following question on the ballot for the November 2, 2004, general election, in part:

*598 EXCLUSIVE METHOD OF VOLUNTARY ANNEXATION IN PALM BEACH COUNTY
Shall the Palm Beach County Charter be amended to authorize an ordinance providing the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as the unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes ___ No ___

On October 6, 2004, appellants filed an eight-count Complaint which included counts for declaratory judgment and injunctive relief against the County. Appellants requested the court to declare the proposed charter amendment and the ballot question invalid. Along with the complaint, appellants filed a Motion for Temporary Injunction, seeking to remove the ballot question from the November 2, 2004 ballot. The trial court denied the motion for injunction and permitted the Charter Amendment to be presented to the voters.

On November 2, 2004, the majority of the electorate of Palm Beach County voted "Yes" on the ballot question. As a result, Ordinance 2004-021 was passed, amending the County's Charter by adding the following language:

As set forth in Article VII of this Charter, Palm Beach County has the power to establish by ordinance the exclusive method for voluntary municipal annexation, to the extent authorized by law, including the designation of an unincorporated protection area and designation of unincorporated rural neighborhoods.

The Amendment gave the County Commission power to provide, by ordinance, the methods of "voluntary municipal annexation." It also authorized the County Commission to establish and change, by ordinance, "unincorporated protection areas" ("UPAs") and areas "eligible" to become "unincorporated rural neighborhoods" ("URNs"). The Amendment further authorized the County Commission to impose additional requirements for "voluntary annexation" at any time in the future. For unincorporated areas not in the UPA or URN, the proposed Charter Amendment gave the County Commission the right to adopt by ordinance an annexation method "no more restrictive than general law regarding the substantive requirements for such annexations."

On December 23, 2004, appellants filed a renewed Motion for Temporary Injunction, asking the court to enjoin the County from drafting an ordinance in reliance on the Charter Amendment. The court again denied the motion. The County proceeded to draft its ordinance.

On December 10, 2004, appellants filed a Motion for Summary Judgment, and on March 15, 2005, the County filed its response and a cross-motion for Summary Judgment.

The trial court found that section 171.044(4), Florida Statutes, requires that any exclusive method must be set forth in the charter itself, and not provided for by ordinance.

The court ruled that certain portions of the Amended Charter did contain a valid voluntary annexation method. The trial court severed the Charter and excised three provisions. The court let the remaining portions stand as the County's exclusive method of voluntary municipal annexation.

*599 The issue we address is whether the trial court erred in finding that section 171.044(4), Florida Statutes, authorizes counties to devise their own methods of voluntary municipal annexation. Section 171.044(4), Florida Statutes (2004), provides as follows:

171.044 Voluntary annexation.—
. . . .
(4) The method of annexation provided by this section shall be supplemental to any other procedure provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclusive method of municipal annexation.

Appellants argue that section 171.044(4) does not allow charter counties to adopt new charter-based voluntary annexation methods for three reasons. First, they argue the Florida Constitution states that all "[m]unicipal annexation of unincorporated territory . . . shall be as provided by general or special law." Art. VIII, § 2(c), Fla. Const. (2005). Counties, they therefore urge, cannot alter the methods of annexation because it is the sole power of the legislature, which enacts general and special laws.

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Bluebook (online)
941 So. 2d 595, 2006 WL 3373045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-wellington-v-palm-beach-county-fladistctapp-2006.