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
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.