Martin County Conservation Alliance v. Martin County
Martin County Conservation Alliance v. Martin County
Opinion of the Court
The appellants have not demonstrated that their interests or the interests of a substantial number of members are “adversely affected” by the challenged order, so as to give them standing to appeal. See § 120.68, Fla. Stat. (2009); Fla. Chapter of the Sierra Club v. Suwannee Am. Cement Co., 802 So.2d 520 (Fla. 1st DCA 2001); O’Connell v. Fla. Dep’t of Cmty. Affairs, 874 So.2d 673 (Fla. 4th DCA 2004); Fla. Wildlife Fed’n v. St. Johns County, 909 So.2d 347 (Fla. 1st DCA 2005). While appellants cite Save the Homosassa River Alliance v. Citrus County, 2 So.3d 329 (Fla. 5th DCA 2008), in support of their claim of standing, this case is inapposite as it addresses the standing requirements for a circuit court proceeding pursuant to section 163.3215, Florida Statutes. Section 163.3215 is a remedial statute designed to enlarge the class of persons with standing to challenge a local development order. The prerequisites for establishing standing in such a proceeding are inapplicable to an appeal taken of an administrative proceeding conducted pursuant to section 120.68, Florida Statutes. The appeal is therefore DISMISSED.
Reference
- Full Case Name
- MARTIN COUNTY CONSERVATION ALLIANCE and 1000 Friends of Florida, Inc. v. MARTIN COUNTY, Department of Community Affairs, Martin Island Way, LLC, and Island Way, LC
- Cited By
- 4 cases
- Status
- Published