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City of Tampa v. City National Bank of Florida

974 So. 2d 408 (2007)

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City of Tampa v. City National Bank of Florida

Florida District Court of Appeal
974 So. 2d 408 (2007)

CC

Facts

The City of Tampa (Tampa) (plaintiff) sought relief from the circuit court’s order in favor of City National Bank of Florida and Citivest Construction Corporation (Citivest) (defendants), which reversed Tampa’s denial of a Certificate of Appropriateness (COA) to Citivest, who planned to build a high-rise condominium complex in a historic district. The property upon which Citivest planned to build the 24-story building was zoned to allow high-rise, multifamily structures, but it was located within a historic district among single-family homes and much smaller, shorter multi-family buildings. The property had been zoned for high-rises for many years before the area was designated as a historic district and had not been re-zoned after the historic-district designation had occurred. Tampa’s Architectural Review Commission (ARC) and city council denied the COA on the grounds that the proposed building was too tall and thus violated the historic-district guidelines. The matter was appealed to the circuit court, which ruled that by asserting ARC guidelines over the applicable zoning ordinance, Tampa had not abided by the essential requirements of the law. Tampa petitioned for second-tier certiorari of the circuit court’s order.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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