FRIENDS OF THE EVERGLADES, INC., A NONPROFIT FLORIDA CORPORATION, APPELLANT,
v.
THE CITY OF MIAMI, FLORIDA, SOUTH FLORIDA REGIONAL PLANNING COUNCIL; FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND GROVE BAY PLAZA, LTD., APPELLEES
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SMITH, Judge.
Friends of the Everglades, Inc. (Friends) appeals a final order of the Florida Land and Water Adjudicatory Commission (FLWAC) dismissing for lack of standing its appeal from the City of Miami’s development order regarding the Terremark Cen-tre, a development of regional impact (DRI). Section 380.07, Florida Statutes (1983) permits only the developer or owner, the Department of Community Affairs, or the regional planning agency to appeal a DRI development order to the FLWAC. We affirm.
The issues raised in this appeal have already been litigated and decided adversely to Friends in Friends of the Everglades, Inc. v. Zoning Board, Monroe County, 478 So. 2d 1126 (Fla. 1st DCA 1985), and Friends of the Everglades, Inc. v. Board of County Commissioners of Monroe County, 456 So. 2d 904 (Fla. 1st DCA 1984), rev. den., 462 So. 2d 1108 (Fla.1985). In fairness to Friends, we note that our decision in Friends of the Everglades, Inc. v. Zoning Board, Monroe County had not been published when this appeal was instituted.
AFFIRMED.
BOOTH, C.J., and WENTWORTH, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Grand Dunes, Ltd. v. Walton Cnty., 714 So. 2d 473 (Fla. 1st DCA 1998)…DCA 1975). We cannot escape the fact that, in clear terms, section 380.07(2) permits only “the owner, the developer, or the state land planning agency” to appeal a DRI development order to FLWAC. See Friends of the Everglades, Inc. v. City of Miami, 485 So. 2d 856 (Fla. 1st DCA 1986); Londono v. City of Alachua, 438 So. 2d 91, 92 (Fla. 1st DCA 1983)(explaining that section 380.07(2) determines a party’s [*475] standing to appeal local government development order to FLWAC). The DRI process is “primarily a com…
Authorities Cited
- Friends OF the Everglades, Inc. v. Bd. OF Cnty. Comm'rs OF Monroe Cnty., 456 So. 2d 904 (Fla. 1st DCA 1984)
- Friends OF THE Everglades, Inc. v. Zoning Bd., 478 So. 2d 1126 (Fla. 1st DCA 1985)