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CITY OF FT. MYERS v. SPLITT

No. 2D07-5469.

988 So.2d 28 (2008)

CITY OF FORT MYERS, a Florida municipal corporation, Petitioner, v. Virginia SPLITT, individually, Caloosahatchee River Citizens Association, Inc., a Florida not for profit corporation, Responsible Growth Management Coalition, Inc., a Florida not for profit corporation, Environmental Confederation of Southwest Florida, Inc., a Florida not for profit corporation, and Throgmartin Riverfront Corporation, a Florida corporation, Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied August 21, 2008.

Attorney(s) appearing for the Case

Nancy E. Stroud and Gary K. Oldehoff of Lewis, Stroud and Deutsch, P.L., Boca Raton, and Grant W. Alley, City Attorney, Fort Myers, for Petitioner.

Andrew W.J. Dickman of Andrew Dickman, P.A., Naples, for Respondents Virginia Splitt, Caloosahatchee River Citizens Association, Inc., and Responsible Growth Management Coalition, Inc.

No Appearance for Respondents Environmental Confederation of Southwest Florida, Inc., and Throgmartin Riverfront Corporation.

CANADY, Judge.

In this certiorari proceeding initiated by the City of Fort Myers, we consider whether the circuit court applied the wrong law regarding standing in issuing a writ of certiorari quashing an ordinance adopted by the City. For the reasons we explain, we conclude that the City is entitled to relief.

I. Background

The respondents here, Virginia Splitt, Caloosahatchee River Citizens Association, Inc., and Responsible Growth Management...

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