CITY OF DELRAY BEACH, APPELLANT,
v.
DEPARTMENT OF TRANSPORTATION AND PALM BEACH COUNTY, APPELLEES
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The City of Delray Beach appealed the Department of Transportation's order requiring it to post a $120,000 bond as a condition of staying an administrative decision that reclassified a street as a collector road and transferred jurisdiction from the County to the City. The court upheld the bond requirement, distinguishing the case from City of Lauderdale Lakes v. Corn because the reclassification decision involved neither operational nor planning-level governmental functions.
The Department's requirement that the City post a supersedeas bond was an appropriate exercise of discretion. The Corn rule, which restricts bond requirements for governmental entities in suits involving planning-level governmental functions, does not apply because the reclassification decision involved neither operational nor planning-level governmental functions.
[1] A governmental entity may be required to post a supersedeas bond in suits where the judgment appealed involves operational-level governmental functions.
[2] A governmental entity may not be required to post a supersedeas bond, as a rule, in suits where the judgment appealed involves planning-level governmental functions.
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Join FLexlaw to unlock all legal intelligence“courts had authority to require governmental entities to post supersedeas bonds in suits where the judgment appealed involved operational-level governmental functions but not, as a rule, planning-level governmental functions”
Establishes the Corn rule limiting bond requirements for governmental entities
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Join FLexlaw to unlock all legal intelligenceThe Department of Transportation issued an order on March 21, 1983, adopting a hearing officer's findings that reclassified a portion of Northeast Eig…
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PER CURIAM.
This cause is before us upon the motion of the City of Delray Beach (City) to vacate an order of the Department of Transportation (Department) denying the motion of Palm Beach County (County) to vacate automatic stay of an order entered March 21, 1983, but conditioning the stay upon the City’s posting of a bond in the amount of 1120,00o.1
The Department’s order of March 21, 1983 adopted the hearing officer’s findings of fact and conclusions of law pertaining to the reclassification of a specified portion of Northeast Eighth Street as a collector road on the City’s street system, thus transferring jurisdiction of and responsibility for said road to the City from the County.
In its motion to vacate filed before this court, the City contends that the Department’s requirement that the City post a bond is contrary to the rule enunciated in City of Lauderdale Lakes v. Corn, 415 So. 2d 1270 (Fla.1982). We disagree. In Com, the Supreme Court held that the trial judge could not order the City to post supersedeas bond for potential damages for delay to a land developer during the pendency of an appeal taken by the City from a final judgment requiring it to permit the construction of a development project and declaring invalid a municipal zoning ordinance. Construing Rule 9.310(b)(2), Florida Rules of Appellate Procedure, the Supreme Court ruled that courts had authority to require governmental entities to post supersedeas bonds in suits where the judgment appealed involved operational-level governmental functions but not, as a rule, planning-level governmental functions. Insofar as the judgment involved herein concerned no “decision” of the City which could be characterized as either an operational or planning-level governmental function, we find that there exists no basis warranting application of the Corn rule and conclude that the Department’s decision requiring the posting of a supersedeas bond was an appropriate exercise of its discretion.2
Accordingly, the City’s motion to vacate is denied.
MILLS, BOOTH and SHIVERS, JJ., concur. . This figure represents the estimated annual amount of costs to be incurred by the County, who is responsible for the maintenance and operation of the subject road during the pendency of the appeal.
. The basis of our decision renders it unnecessary to address the County’s contention that the City waived its right to attack the imposition of a bond pending appeal because the City itself had opposed vacation of automatic stay below with the suggestion that it be required to post bond.
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Citator
Cited By
-
City OF Delray Beach v. Dep't OF Transp. & Palm Beach Cnty., 456 So. 2d 944 (Fla. 1st DCA 1984)
Authorities Cited
- City OF Lauderdale Lakes v. Corn, 415 So. 2d 1270 (Fla. 1982)