POLO WEST
v.
VILLAGE OF WELLINGTON
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Polo West Golf Club and Palm Beach Polo appealed a Special Magistrate's finding that they needed a Special Use Permit to host organized soccer games on their properties in Wellington, Florida. The appellate court affirmed the Special Magistrate's decision, rejecting the owners' argument that the ordinance provisions were void for vagueness and noting that such constitutional challenges should be brought as separate declaratory actions.
The Special Magistrate's decision was affirmed in its entirety. The court held that the Special Magistrate's decision satisfied all three prongs of appellate review: it afforded procedural due process, observed the essential requirements of law, and was supported by competent substantial evidence. The court also held that challenges to the constitutional validity of ordinances must be brought as declaratory actions, not through administrative appeals.
[1] Judicial review of an administrative decision is limited to whether procedural due process was afforded, whether the essential requirements of law were observed, and whet…
[2] A determination that a special use permit is required for a particular land use is subject to review for procedural due process, adherence to legal requirements, and evid…
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Join FLexlaw to unlock all legal intelligence“In reviewing the Special Magistrate's decision, the Court is limited to three considerations: (1) whether the Special Magistrate afforded procedural due process; (2) whether the Special Magistrate observed the essential requirements of law; and (3) whether the Special Magistrate's findings and judgment are supported by competent substantial evidence.”
Establishes the standard of review applicable to special magistrate decisions
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Join FLexlaw to unlock all legal intelligencePolo West Golf Club, Inc. and Palm Beach Polo, Inc. own property in the Village of Wellington. The owners hosted a series of organized soccer games on…
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Village of Wellington 12300 Forest Hill Blvd. Wellington, FL 33414 [email protected]
PER CURIAM.
Appellants Polo West Golf Club, Inc., ("Polo West") and Palm Beach Polo, Inc., ("Palm Beach Polo," together with Polo West, "Owners"), own property located in the Village of Wellington, the appellee in this case. At issue in this appeal is whether Special Magistrate Michael J. Posner, Esq., erred in finding Owners needed a Special Use Permit when they hosted a series of organized soccer games on their properties. In reviewing the Special Magistrate's decision, the Court is limited to three considerations: (1) whether the Special Magistrate afforded procedural due process; (2) whether the Special Magistrate observed the essential requirements of law; and (3) whether the Special Magistrate's findings and judgment are supported by competent substantial evidence. City of Deerfield Beach v. Vaillant, 419 So. 2d 624, 626 (Fla. 1982).
The Special Magistrate's decision satisfies all three prongs of the Court's limited review and so his decision must be affirmed in its entirety. The Court writes only to respond to Owners' argument that the provisions of Wellington's Code of Ordinances regarding Special Use Permits are void for vagueness. To the extent Owners seek a determination that the provisions are so void as to be invalid, their redress through a declaratory action and not through an administrative appeal. See, e.g., Nostimo, Inc. v. City of Clearwater, 594 So. 2d 779, 782 (Fla. 2d DCA 1992) (noting a challenge of the validity or constitutionality of an ordinance is properly brought as a declaratory action). The Court's decision affirming the Special Magistrate's decision, then, cannot and should not be read to foreclose an original suit regarding the validity of the challenged ordinances.
Because the Special Magistrate's decision satisfied procedural due process, did not depart from the essential requirements of law, and was supported by competent substantial evidence, it must be upheld. Accordingly, the Amended Order Finding Violation(s) is AFFIRMED.
SASSER, SMALL, and BOORAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Nostimo, Inc. v. The City OF Clearwater, 594 So. 2d 779 (Fla. 2d DCA 1992)