CopyCited 29 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4684
...orum. When a municipality initiates annexation, subsections (1) and (2) of section
171.0413 provide for a referendum to enable the electors of the annexing municipality and of the area proposed to be annexed to vote on the annexation issue. Further, section
171.081 provides for limited judicial review of the annexation process....
CopyCited 18 times | Published | Supreme Court of Florida
...tition for certiorari filed by Seminole County to review Casselberry's voluntary annexation. It is so ordered. BOYD, SUNDBERG, HATCHETT and KARL, JJ., concur. ADKINS, Acting C.J., concurs in result only. NOTES [1] Art. V, § 3(b)(4), Fla. Const. [2] § 171.081, Fla....
...§ 120.31 provided for judicial review under the 1961 administrative procedure act, which was repealed in its entirety by the 1974 enactment. The fact that § 120.31 has been repealed, however, does not render its provisions ineffective for the purposes of § 171.081....
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...means by which a municipality may accomplish an annexation on its own, it is apparent that the legislature intended to provide a clearly defined and exclusive method by which an annexation could be accomplished. The legislature has also set forth in Section 171.081 [3] the method by which judicial review of any annexation by ordinance may be sought. Again, reading Section 171.081 in pari materia with the foregoing sections on preemption and the purposes of the act, it is apparent that the legislature has manifested its intent that there be a sole and exclusive procedure for challenging a municipal government's failure to comply with Chapter 171, Florida Statutes....
...ed area of Leon County. Certainly, an exclusive franchise right is a property right, see 36 Am.Jur.2d Franchises § 5 (1968), and this right exists in the unincorporated area. Thus, appellant is a "party affected" and meets the first criterion under Section 171.081....
...failure to plan for garbage services in the areas to be annexed, and that its exclusive franchise rights may be harmed by the annexation. This satisfies the second criterion, but appellant's efforts falter as to the third and fourth requirements of Section 171.081....
...djusting the boundaries of municipalities in this state. (2) The provisions of any special act or municipal charter relating to the adjusting of municipal boundaries in effect on October 1, 1974, are repealed except as otherwise provided herein. [3] Section 171.081, Florida Statutes, states: Appeal on annexation or contraction....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 1999 WL 493267
...Coffin, Stuart, for respondent. EN BANC KLEIN, J. After the City of Stuart adopted annexation ordinances to voluntarily annex twenty-nine parcels, Martin County filed petitions for writs of certiorari to seek review in the circuit court pursuant to section 171.081, Florida Statute (1997)....
CopyCited 9 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 2000
...in violation of the compactness requirement. See definition of "compactness" in section
171.031(12) set forth above. Finally, we believe the circuit court correctly found that Broward County had standing to seek review of the ordinance in question. Section
171.081, Florida Statutes (1983), authorizes any "party affected" who believes he will suffer material injury by reason of the failure of the city to comply with the statutory procedure for annexation to seek certiorari review of the proposed ordinance....
...n over such area." Furthermore, Broward County's allegation that it believes it will suffer a material injury through the loss of tax revenue caused by the annexation of that portion of unincorporated Broward County satisfies the second criterion of section 171.081....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 WL 192524
...City of Groveland in violation of chapter 171, struck Hart's motion to determine reasonable attorney's fees and costs. We grant the writ. The record establishes that in November 2003, Hart filed a verified petition for writ of certiorari pursuant to section 171.081, Florida Statutes (2003), challenging four annexation ordinances. He also sought an award of costs and attorney's fees, as provided by section 171.081....
...The court conducted a hearing on the motion, issued an order granting Hart's motion for enlargement of time because of excusable neglect and lack of prejudice to the City. However, it denied Hart's motion for rehearing on the merits. We grant the writ. I. AWARD OF FEES PURSUANT TO SECTION 171.081, FLORIDA STATUTES Section 171.081 provides for review by means of certiorari of a city's action taken to annex or contract its boundaries by ordinances: No later than 30 days following the passage of an annexation or contraction ordinance, any party affected who belie...
...Petition for Writ of Certiorari GRANTED; Order Striking Motion for Attorney's fees and Costs QUASHED. PLEUS, C.J., and ORFINGER, J., concur. NOTES [1] The final judgment provided: Respondent, City of Groveland, shall pay Petitioner Lewis Frank Hart, his reasonable costs and attorney's fees as provided by Section 171.081 of the Fla....
CopyCited 6 times | Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 460, 2006 WL 140380
...This Court, in recognition of Levler's [sic] justiciable interest in this cause and in the interest of judicial *343 economy, permitted Leffler's intervention. The circuit court asserted jurisdiction to review the validity of the annexation ordinance under section 171.081. The County timely petitioned for certiorari review of the circuit court's decision. Circuit courts review annexation ordinances by certiorari under section 171.081....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 12 Fla. L. Weekly 143
...City of Deerfield Beach v. Vaillant,
419 So.2d 624 (Fla. 1982). There being no procedural due process issue raised here, our sole inquiry is whether the trial judge applied the correct principles of law. We hold that he did, and deny the City's petition. Section
171.081, Florida Statutes (1985), provides that any party affected who believes that he will suffer material injury by reason of the failure of a municipality to meet the requirements established for annexation as they apply to his property m...
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 632047
...t under that section to be a de novo trial rather than an appellate review. Appellees point out that even when the Legislature has specifically provided for review by certiorari, it has referred to the review as an "action" in the very same section. § 171.081, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1999 WL 312242
...y line is a county road. Therefore, Plaintiff's property is almost totally encapsulated by the proposed annexation and they are residing within the area to be annexed. This construction of section
171.031 is plainly erroneous. In annexation matters, section
171.081, Florida Statutes (1995), provides for certiorari review by the circuit court: Appeal on annexation or contraction....
...duty required by the comprehensive plan where it is clear, as here, that the City is not complying with its own plan." As the City points out, however, challenges to a municipality's annexation of property must be conducted by certiorari pursuant to section 171.081, Florida Statutes....
...ality is accomplished by passage of a municipal ordinance utilizing the procedures set forth in Chapter 171.
418 So.2d at 1149-50 (citations omitted). The court further explained that a challenge to an annexation ordinance focuses on chapter 171 and section
171.081 provides the only way by which to challenge a municipality's failure to comply with chapter 171: Because the challenged annexations at bar were accomplished by several ordinances, any assault upon those ordinances focuses upon Chapter 171....
...means by which a municipality may accomplish an annexation on its own, it is apparent that the legislature intended to provide a clearly defined and exclusive method by which an annexation could be accomplished. The legislature has also set forth in Section 171.081 the method by which judicial review of any annexation by ordinance must be sought. Again, reading Section 171.081 in pari materia with the foregoing sections on preemption and the purposes of the act, it is apparent that the legislature has manifested its intent that there be a sole and exclusive procedure for challenging a municipal government's failure to comply with Chapter 171, Florida Statutes....
...ation ordinance, and (4) seek review by certiorari in circuit court. SCA Servs.,
418 So.2d at 1150 (citations and footnotes omitted). Because the Kovachs are challenging the City's annexation ordinance, any such challenge must be brought pursuant to section
171.081....
...rs, to afford them the opportunity to utilize the 30-day procedure set forth in section
163.3215."). In contrast, the Kovachs have made no such allegation in this case and, indeed, they have timely pursued the exclusive certiorari remedy provided in section
171.081. Finally, that the Kovachs do not have standing pursuant to section
171.081 does not mean that mandamus is appropriate....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 WL 858636
...ted by competent substantial evidence because [their] own expert did not know what a pocket was for the purposes of annexation. The City and SCC seek certiorari review of this determination. Circuit courts review annexation ordinances by certiorari. § 171.081, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 14 Fla. L. Weekly 409, 1989 Fla. App. LEXIS 597, 1989 WL 8703
...f compactness or contiguity, not separation or segregation. We therefore grant the petition for certiorari and quash the order of the circuit court. Petition GRANTED; Order QUASHED. DANIEL, J. and EVANS, V.W., Jr., Associate Judge, concur. NOTES [1] § 171.081, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal
...Despite the objections of Seminole County, also an appellee, that the described property could not be annexed because the property was not "reasonably compact" as required by section
171.044, the City of Lake Mary passed an ordinance annexing the property. Pursuant to section
171.081, Florida Statutes (1977), [2] the County petitioned the circuit court for a writ of certiorari quashing the annexation ordinance....
...Finding that the annexation was not reasonably compact because it created at least two enclaves, [3] the circuit court declared the ordinance invalid. Appellants contend that the circuit court lacked jurisdiction to review this matter by certiorari. They claim section 171.081 is unconstitutional because it conflicts with Article V, Section 5 of the Florida Constitution as adopted March 14, 1972....
...tutory certiorari or writ of quo warranto, is subject to waiver if not timely raised. [6] Since no objection was raised below, we will not consider it on appeal. We think the City's argument based on the terms "appeal" and "certiorari" is misplaced. Section 171.081 shows affirmatively that the Legislature intended to create by general law a limited right of appeal to the circuit court in annexation proceedings....
...The Legislature also intended to limit the scope of review in these proceedings to that normally associated with "certiorari." [7] The use of the term "certiorari" in the statute is merely a shorthand means of articulating the standard of review intended to be afforded. In support of this interpretation we note the title of section 171.081 reads: "Appeal on Annexation or Contraction." If the Legislature has the power to create a right of appeal in the circuit court for a proceeding where none previously existed, it is incongruous to assert that it cannot limit the scope of that review....
...rt for the county in which the municipality or municipalities are located seeking review by certiorari. In any action instituted pursuant to this section, the complainant, should he prevail, shall be entitled to reasonable costs and attorney's fees. § 171.081, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 711707
...fected who believes that he or she will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation ... may file a petition ... seeking review by certiorari." § 171.081, Fla....
...Since Auburndale's annexation of the subject property does not disrupt Polk City's ability to provide water and wastewater services to that property, Polk City, as a matter of law, is not affected by the annexation. Because the annexation does not "affect" Polk City as required by section 171.081, Polk City did not have standing to bring a petition for certiorari challenging Auburndale's adoption of the annexation ordinance....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...Massey of Brock, Massey, Walden & Baum, Altamonte Springs, for respondent. ON MOTION TO DISMISS DOWNEY, Judge. Seminole County has filed a petition for writ of certiorari to review an ordinance of the City of Lake Mary annexing certain property. Petitioner asserts that the petition is filed "pursuant to Sections
171.081, 120.31 and
120.68, Florida Statutes, as amended... ." The City of Lake Mary has moved to dismiss the petition on the ground that jurisdiction to review annexation ordinances is in the Circuit Court pursuant to Section
171.081, Florida Statutes (1975). Unfortunately, Section
171.081 is no model of legislative draftsmanship; its operative terms are in conflict. The section provides: "
171.081 Appeal on annexation or contraction....
...ects that review take place pursuant to Section 120.31. The latter section provides that review of final actions of administrative agencies be by the district court of appeal. See Section 120.31, Florida Statutes (1973). Obviously the latter part of Section 171.081 contradicts the first part....
...0, Laws of Florida). In re-enacting a new Administrative Procedure Act, the Legislature provided for review of final agency action in the district court of appeal. This might appear to replace Section 120.31. However, the Legislature has not amended Section 171.081 by replacing "s....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
voluntary annexation appeal a denial pursuant to section
171.081, Florida Statutes? Question One Chapter 171
CopyPublished | District Court of Appeal of Florida
a money judgment in the county court). Section
171.081, Florida Statutes (2017), sets forth the procedure
CopyPublished | District Court of Appeal of Florida
certiorari review of the ordinance pursuant to section
171.081(1).
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15512
plaintiffs’ choice of remedy in the circuit court. See §
171.081, Fla.Stat. (1975); State ex rel. City of Casselberry
CopyPublished | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 91, 2007 WL 28294
...ur discretionary certiorari jurisdiction. CERTIORARI DENIED. GRIFFIN and LAWSON, JJ., concur. EVANDER, J., dissents, with opinion. EVANDER, J., dissenting. I respectfully dissent. Circuit courts review annexation ordinances by certiorari pursuant to section 171.081, Florida Statutes....
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 19405
ordinance by the City Commission as required by Section
171.081, Fla. Stat. (1979). On May 18, 1980, the trial
