Narrative Opinion Summary
In this case, Friends of the Everglades, Inc. appealed the dismissal of their challenge to the City of Miami’s development order for the Terremark Centre by the Florida Land and Water Adjudicatory Commission (FLWAC). The appeal was dismissed due to Friends' lack of standing under Section 380.07 of the Florida Statutes, which restricts appeal rights of Development of Regional Impact (DRI) orders to specific parties such as the developer, the Department of Community Affairs, or the regional planning agency. The court upheld FLWAC's dismissal, emphasizing that Friends' arguments had been previously adjudicated unfavorably in earlier cases, specifically Friends of the Everglades, Inc. v. Zoning Board, Monroe County and Friends of the Everglades, Inc. v. Board of County Commissioners of Monroe County. Although the ruling in the Zoning Board case was unpublished at the time of the appeal, it did not influence the outcome. The decision was affirmed with concurrence from the Chief Judge and another judge, reinforcing the principle of standing and the binding nature of prior judgments on similar issues.
Legal Issues Addressed
Precedential Effect of Prior Litigationsubscribe to see similar legal issues
Application: The court found that the issues presented by Friends of the Everglades had been previously litigated and resolved in two earlier cases, thereby affirming the dismissal of the current appeal.
Reasoning: The court affirmed the dismissal, noting that the issues raised had been previously litigated and decided against Friends in two earlier cases: Friends of the Everglades, Inc. v. Zoning Board, Monroe County and Friends of the Everglades, Inc. v. Board of County Commissioners of Monroe County.
Standing to Appeal under Florida Statutes Section 380.07subscribe to see similar legal issues
Application: The court determined that Friends of the Everglades, Inc. lacked standing to appeal the development order to the Florida Land and Water Adjudicatory Commission.
Reasoning: Under Section 380.07 of the Florida Statutes (1983), only specific parties—namely the developer or owner, the Department of Community Affairs, or the regional planning agency—are permitted to appeal a Development of Regional Impact (DRI) order to the FLWAC.