02-1716 MONROE COUNTY V. AMBROSE

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State: Florida

Court: Florida Third District Court

Docket No: 02-1716 MONROE COUNTY V. AMBROSE

Case Date: 12/10/2003

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IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2003 MONROE COUNTY, a Political Subdivision of the State of Florida, and the DEPARTMENT OF COMMUNITY AFFAIRS and ISLAMORADA, VILLAGE OF ISLANDS, a municipal corporation, Appellants, vs. THORA AMBROSE, et al., Appellees. ** ** ** ** ** ** ** CASE NOS. 3D02-1716 3D02-1754 3D02-1800 3D02-2068 LOWER TRIBUNAL NO. 97-636

Opinion filed December 10, 2003. An Appeal from the Circuit Court for Monroe County, Richard Payne, Judge. Morgan and Hendrick, P.A., and Karen K. Cabanas (Key West), for appellant, Monroe County; David L. Jordan, Deputy General Counsel (Tallahassee), for appellant, Department of Community Affairs; Weiss Serota Helfman Pastoriza & Guedes, P.A., Edward G. Guedes, and Nina L. Boniske, for appellants, Islamorada, Village of Islands. Brion Blackwelder, Richard Grosso, and David Cozad (Fort Lauderdale), for appellants/intervenors, Protect Key West, d/b/a "Last Stand", et al. Janet E. Bowman (Tallahassee), for 1000 Friends of Florida, Inc., as Amicus Curiae, for appellants.

James S. Mattson (Key Largo); Andrew M. Tobin (Tavernier); for appellees. Frank A. Shepherd, for Pacific Legal Foundation, as Amicus Curiae for appellees. Before LEVY*, GERSTEN, and GODERICH, JJ. PER CURIAM. In the proceedings below, the trial court granted summary judgment in favor of Thora Ambrose, et. al. ("Landowners"), finding that Section 380.05(18), Florida Statutes (1997),1 created a vested right for the Landowners to complete development of single-family homes on their land. Monroe County, the Department of Community

Affairs, and the Village of Islamorada (hereinafter collectively referred to as "Monroe County") appeal the trial court's order granting summary judgment. order. The Landowners cross-appeal the same

We reverse and remand with instructions.

The Landowners own parcels of undeveloped land that were platted and recorded in Monroe County between April 24, 1924 and June 27, 1971. During this time, local subdivision plat law In 1979, the Florida Legislature

governed the development of land.

enacted Section 380.0552 and designated Monroe County as an area of

* 1

Judge Levy did not participate in oral argument.

Chapter 380 also known as "The Florida Environmental Land and Water Management Act of 1972" governs natural resources, conservation, reclamation and use of land and water. 2

critical state concern.2

Since then, the local government has The have

approved new land development regulations for these areas.3 Landowners assert that these subsequent land regulations

limited or modified their rights to develop their parcels of land. In 1997, the Landowners filed a complaint seeking declaratory relief to determine their rights pursuant to Chapter 380, Florida Statutes, and to determine the effect, if any, of the 1986 Land Development Regulations, the Rate of Growth Ordinance ("ROGO") and the 2010 Comprehensive Plan. Monroe County and the Landowners filed cross motions for summary judgment. The trial court granted summary judgment in favor of the Landowners. The trial court found that pursuant to Section 380.05(18), Florida Statutes (1997), the Landowners have vested rights to build single family homes, by virtue of recording their parcels of land. The trial court also determined that the Landowners did not have to The legislative intent behind designating the Florida Keys an area of critical state concern is to establish a land use management system that protects the natural environment; conserves and promotes the community character; promotes orderly and balanced growth in accordance with the capacity of available and planned facilities and services; provides affordable housing in close proximity to places of employment; promotes and supports a diverse and sound economic base; protects the constitutional rights of property owners to own, use and dispose of their real property and; promotes coordination and efficiency among governmental agencies in the Florida Keys. See

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