01-1779 COLEMAN V. KEY WEST

State: Florida

Court: Florida Third District Court

Docket No: 01-1779 COLEMAN V. KEY WEST

Case Date: 12/19/2001

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2001 JERRY COLEMAN, Appellant, vs. THE CITY OF KEY WEST, and HENRY and MARTHA DUPONT, ** ** ** ** LOWER TRIBUNAL CASE NO. CAK 00-957 CASE NO. 3D01-1779

** Appellees. ______________________________** TIMOTHY HENSHAW, Appellant, vs. THE CITY OF KEY WEST, FLORIDA, and HENRY and MARTHA DUPONT, Appellees. ** ** ** ** ** ** LOWER TRIBUNAL CASE NO. CAK 00-957 CASE NO. 3D01-1808

Opinion filed December 19, 2001. Appeals from the Circuit Court of Monroe County, Richard G. Payne, Judge. Hicks, Anderson & Kneale; Jerry Coleman (Key West), for appellant Coleman. Ritter, Chusid, Bivona & Cohen and Jeffrey M. Bell (Boca Raton); James C. Pilkey (Ft. Lauderdale), for appellant Henshaw.

David J. Audlin, Jr. (Key West), for appellee City of Key West. Lee Robert Rohe (Summerland Key), for appellees DuPont. Before COPE, FLETCHER, and RAMIREZ, JJ. FLETCHER, Judge. On November 10, 1998, the City of Key West held its second and final hearing on the enactment of its ordinance no. 98-31, amending Chapter V, Article XXI of the City's land development regulations in order to regulate the transient use of residential dwellings. The basic purpose of the ordinance is to control (or halt) the transient use of residences "in order to preserve the residential character of neighborhoods." [R.8] The appellants, Jerry Coleman and Timothy Henshaw, contend that the ordinance is null and void as it was not validly enacted. We agree with Coleman and Henshaw and reverse the single final judgment entered in these two cases. As ordinance no. 98-31 was an effort to change the permitted uses within the City's residential zoning category (or categories), the City was required by section 166.041(3)(c)(2), Florida

Statutes (1997), to hold two advertised public hearings to consider its enactment. The first public hearing was required to be held at least seven days after the day that the first advertisement was published, while the second public hearing was to be advertised at least five days prior to the date set for that public hearing. 166.041(3)(c)(2)(a), Fla. Stat. (1997). 2

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