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PAYNE v. CITY OF MIAMI

No. 3D05-120.

913 So.2d 1260 (2005)

Herbert PAYNE, Ann Stetser, The Durham Park Neighborhood Association, a Florida not for profit corporation, and The Miami River Marine Group, Inc., a Florida not for profit corporation, Appellants, v. CITY OF MIAMI, a Florida municipal corporation, Balbino Investments, LLC, and Florida Department of Community Affairs, a State Agency, Appellees.

District Court of Appeal of Florida, Third District.

November 16, 2005.

Attorney(s) appearing for the Case

Andrew W.J. Dickman, for appellants.

Greenberg, Traurig (Tallahassee) and David C. Ashburn; Greenberg, Traurig (Miami) and Elliot H. Scherker, Lucia Dougherty, Paul R. Lipton, Edward F. Guedes and Pamela A. DeBooth; Jorge L. Fernandez, Sarasota, and Rafael Suarez-Rivas, Miramar, for appellees.

Before COPE, C.J., and SHEPHERD, J., and SCHWARTZ, Senior Judge.

COPE, C.J.

The question before us is how to calculate the time when an affected person petitions the Division of Administrative Hearings ("DOAH") to challenge a small scale development amendment which has been adopted by a local government. See § 163.3187(3)(a), Fla. Stat. (2004). The Miami City Charter provides that after adoption of an ordinance by the City Commission, the Mayor may approve it by signing it or may allow it to become effective without...

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