CopyCited 9 times | Published | Florida 1st District Court of Appeal | 2004 Fla. App. LEXIS 6474, 2004 WL 1058451
...the Partial Final Judgment and the Final Judgment and remand for further proceedings. REVERSED and REMANDED. BOOTH and BENTON, JJ., concur. NOTES [1] The County also argues that damages as a remedy for breach of contract are not permissible because section 163.3243, Florida Statutes (1997), which is part of the Florida Local Government Development Act, prescribes that an aggrieved or adversely affected person may file an action for injunctive relief and makes no mention of damages as a breach of contract remedy....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2002 WL 2005927
...The Combs, Kessler, and the Association filed a four-count complaint against the City and the Club seeking to invalidate a development agreement the City entered into with the Club pursuant to the Florida Local Government Development Agreement Act, sections
163.3220 to
163.3243, Florida Statutes (1999) (Development Agreement Act)....
...actions challenging the consistency of a development order with a local government's comprehensive plan. However, count 1 of the complaint before us is not an action filed pursuant to section
163.3215. Rather, count 1 is an action filed pursuant to section
163.3243 of the Development Agreement Act challenging a development agreement, not a development order....
...rovision in the Development *197 Agreement Act that also incorporates the condition precedent provision of the Comprehensive Planning Act. Thus, we conclude the trial court erred by applying the condition precedent provision of section
163.3215 to a section
163.3243 action....
...Accordingly, we express no opinion on the trial court's unauthorized findings. Reversed in part, affirmed in part, and remanded for further proceedings consistent with this opinion. ALTENBERND and SILBERMAN, JJ., concur. NOTES [1] §§
163.3161 to
163.3217, Fla. Stat. (1999). [2] Section
163.3243 of the Development Agreement Act provides: Any party, any aggrieved or adversely affected person as defined in s....
...163.3215(2), or the state land planning agency may file an action for injunctive relief in the circuit court where the local government is located to enforce the terms of a development agreement or to challenge compliance of the agreement with the provisions of ss.
163.3220-
163.3243.
CopyPublished | Florida 4th District Court of Appeal
...Simpson is a legally blind
resident living within one mile of Dania Jai Alai. The complaint sought a
declaration that the approved, amended development agreement of 2011
was void because the city failed to comply with the Florida Local
Government Development Agreement Act, sections
163.3220–
163.3243,
Florida Statutes (2011)....
...The county was not a party to the second
amended agreement.
After the approval, CFRD and Simpson amended their complaint to
allege that three sets of development laws were improperly ignored by the
city: the Development Agreement Act, sections
163.3220–
163.3243, Dania
Beach Unified Land Development Code, and Broward County Development
and Land Use Codes....
...Similarly, they sought a
declaratory judgment that the 2014 agreement also relied on section
550.155 and thus was void. In another count, they sought a declaration
that section
550.155 was void as an unconstitutional special law.
Plaintiffs sought injunctive relief in two other counts pursuant to
section
163.3243, Florida Statute, requesting the court to declare the
official act of approving the development agreements in 2011 and 2014
without following the public notice and hearing requirements of section
163.3225 to be void....
...Moreover, the non-profit is a public interest company
interested in responsible development in the county. That in and of itself
provides standing. See Save Brickell Ave., Inc. v. City of Miami,
393 So. 2d
1197 (Fla. 3d DCA 1981); Upper Keys Citizens,
341 So. 2d at 1064.
Plaintiffs also have standing under section
163.3243, Florida Statutes,
with respect to their claims against DEC and city, except for the
constitutional challenge to section
550.155(2). Section
163.3243, Florida
Statutes, provides:
Any party or aggrieved or adversely affected person as defined
in s.
163.3215(2) may file an action for injunctive relief . . . to
enforce the terms of a development agreement or to challenge
compliance of the agreement with ss.
163.3220-
163.3243.
Section
163.3215(2), Florida Statutes, in turn, defines “aggrieved or
adversely affected party” as follows:
[A]ny person or local government that will suffer an adverse
effect to an interest protected or furthered by th...
...In short, the association plaintiff failed to
show that even one member suffered the requisite “injury-in-fact” let alone
that a substantial number of its members were substantially affected by
the development agreements.
• Standing Under Section 163.3243
The majority and the plaintiffs alternatively claim the plaintiffs have
standing, pursuant to section 163.3243, Florida Statutes (2011). This
provision provides no better standing for the plaintiffs than the general
standing rules. Section 163.3243 provides:
Any party or aggrieved or adversely affected person as defined
in s....
...its
own unique position with regard to the litigation. It argues in essence that
it is a stranger to the development agreements, took no part in them, and
has no control over the City’s decisions. It also argues that regardless of
6With regard to section 163.3243’s application to the County, there simply is
none....
CopyPublished | Florida 4th District Court of Appeal
...ind resident
living within one mile of Dania Jai Alai. The complaint sought a
declaration that the 2011 development agreement was void because the
City failed to comply with the Florida Local Government Development
Agreement Act, sections
163.3220–
163.3243, Florida Statutes (2011)....
...The County was not a party to the
second amended agreement.
After the City’s approval, CFRD and Simpson amended their complaint
to allege the City ignored three sets of development laws: (1) the
Development Agreement Act, sections
163.3220–
163.3243, Florida
1
The 2011 plat note amendment added several approved uses, including an
additional 15 acres of pari-mutuel facility which could include 500 hotel rooms,
60 marina slips, and 45,000 square feet of commercial use....
...Similarly, they sought a declaration that the 2014
development agreement was void. They also sought a declaration that
section
550.155 was void as an unconstitutional special law.
The plaintiffs sought injunctive relief in two other counts, pursuant to
section
163.3243....
...nd
reduce the economic cost of development.
(4) This intent is effected by authorizing local governments to
enter into development agreements with developers, subject
to the procedures and requirements of ss.
163.3220-
163.3243.
(5) Sections
163.3220-
163.3243 shall be regarded as
supplemental and additional to the powers conferred upon local
governments by other laws and shall not be regarded as in
derogation of any powers now existing.
(Emphasis supplied.)....
...It appears that a local government does not have to
adopt the provisions of the act. Section
163.3223, Florida Statutes, states:
Any local government may, by ordinance, establish
procedures and requirements, as provided in ss.
163.3220-
163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest
in real property located within its jurisdiction.
16
(Emphasis supplied.)....
...opment.
23
(4) This intent is effected by authorizing local governments to
enter into development agreements with developers, subject
to the procedures and requirements of ss.
163.3220-
163.3243.
(5) Sections
163.3220-
163.3243 shall be regarded as
supplemental and additional to the powers conferred upon local
governments by other laws and shall not be regarded as in
derogation of any powers now existing.
(Emphasis supplied.)....
...It appears that a local government does not have to
adopt the provisions of the act. Section
163.3223, Florida Statutes, states:
Any local government may, by ordinance, establish
procedures and requirements, as provided in ss.
163.3220-
163.3243, to consider and enter into a development
agreement with any person having a legal or equitable interest
in real property located within its jurisdiction.
(Emphasis supplied.)....
