Petition for Writ of Certiorari to Review Quasi-Judicial Action: Agencies, Boards, and Commissions of Local Government: ZONING – Standing – although petitioner may have an interest in the project as a nearby homeowner, he has not established a definite interest exceeding the general interest in community good- petitioner has not established that the approval that is the subject of this review will cause a negative impact to his property.  Petition dismissed. Byle v. Pasco County, No. 512006CA1821WS (Fla. 6th Cir. App. Ct. Feb. 23, 2007).

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY, FLORIDA

APPELLATE DIVISION

 

 

STEVE BYLE,  

            Petitioners,

vs.                                                                    CASE NO: 512006CA1821WS                                                                     

PASCO COUNTY, by and

through its BOARD OF COUNTY

COMMISSIONERS,  

            Respondents.

________________________________/

 

 

AMENDED ORDER  DISMISSING 

PETITION FOR WRIT OF CERTIORARI [1]

 

THIS MATTER comes before the Court upon Petitioner's Petition for Writ of Certiorari and Intervenor Mid-Peninsula’s Motion to Dismiss Petition for Writ of Certiorari.  Without addressing the merits of petitioner's argument, this Court finds that petitioner lacks standing and grants Mid-Penisula’s Motion to Dismiss. 

            In Renard v. Dade County, 261 So.2d 832, 837 (Fla. 1972), the Florida Supreme Court explained when a party has standing to seek judicial review of a local government decision. "An aggrieved or adversely affected person having standing to sue is a person who has a legally recognizable interest which is or will be affected by the action of the zoning authority in question. The interest may be one shared in common with a number of other members of the community as where an entire neighborhood is affected, but not every resident and property owner of a municipality can, as a general rule, claim such an interest. An individual having standing must have a definite interest exceeding the general interest in community good share[d] in common with all citizens."  Id.
            In this case, petitioner attempts to establish standing by asserting that he is an "adjoining property owner-occupant who objected at the August 11, 2005 hearing and the February 7, 2006 remand hearing on Bayonet Point Town homes project.”  Petitioner next alleges “Petitioner will be affected more than the general public as the proposed project abuts the same canal as Petitioner’s home and the 362 project has proposed a boat launch area and docks immediately across from Petitioner’s boathouse which would adversely increase the boat traffic in said canal and further pollute the waters and disturb Petitioner’s peace and quite, etc., which inter alia, would negatively impact the wildlife and fishing in the area, and would otherwise reduce Petitioner’s enjoyment and value of his property. … Petitioner benefits from enforcement of the zoning code including enforcement of the list of allowable uses in zoning districts that protects nearby and adjacent uses and districts, such as Petitioners single family home."   Accordingly, although petitioner may have an interest in the project as a nearby homeowner, he has not established a definite interest exceeding the general interest in community good, and therefore, does not have standing.  Florida Rock Properties v. Keyser, 709 So. 2d 175 (Fla. 5th DCA 1998)(citing Sierra Club v. Morton, 405 U.S. 727 (1972)).  Moreover, petitioner has not established that the approval that is the subject of this review will cause a negative impact to his property. It is therefore,

           

ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is DISMISSED.   

           

 

DONE AND ORDERED in Chambers, at New Port Richey, Pasco County, Florida, this _____ day of  _______, 2007.

______________________

W. Lowell Bray, Jr.

Circuit Judge

Appellate Division

.

Copies furnished to:

Steve Byle

Office of the County Attorney

Rick Millian, Esq.

 

 



[1] The original Order Dismissing Petition for Writ of Certiorari, signed February 23, 2007, contained an incorrect case number.