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ARCHSTONE PALMETTO PARK, LLC v. KENNEDY

No. 4D12-4554.

132 So.3d 347 (2014)

ARCHSTONE PALMETTO PARK, LLC, and City of Boca Raton, a Florida Municipality, Appellants, v. Kathleen KENNEDY, James M. Sullivan, Peter S. Barbour, Douglas R. Bloch, Darold R. Hurlbert and John A. Clarke, Appellees.

District Court of Appeal of Florida, Fourth District.

January 29, 2014.

Attorney(s) appearing for the Case

Gerald F. Richman and Manuel Farach of Richman Greer, P.A., West Palm Beach, and Charles L. Siemon and J. Michael Marshall of Siemon & Larsen, P.A., Boca Raton, for appellant Archstone Palmetto Park, LLC.

Jamie A. Cole and Daniel L. Abbott of Weiss Serota Helfman Pastoriza Cole & Boniske, P.L., Fort Lauderdale, and Diana Grub Frieser , City Attorney, Boca Raton, for appellant City of Boca Raton, a Florida Municipality.

Ralf Brookes , Cape Coral, for appellees.

Trela J. White and Jennifer G. Ashton of Corbett, White and Davis, P.A., Lantana, for Amicus Curiae, The Palm Beach County League of Cities, Inc.

Jane West , St. Augustine, for Amicus Curiae, Florida Coalition for Preservation.

SCHIFF, LOUIS, H., Associate Judge.

On occasion, the Legislature provides explicit guidance as to its intent and how a statute is to be applied for a specific case. This is one such instance. We reverse the declaratory judgment in favor of the appellees, which interpreted a 2012 amendment to section 163.3167(8), Florida Statutes, as requiring the City of Boca Raton to submit a development order to public referenda. Read properly, the 2012 amendment served to reaffirm...

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