Metropolitan Dade County v. P.J. Birds, Inc.

P.J. Birds, Inc. (Owner) (plaintiff) sought judicial review of the Historic Preservation Board (Board) of Metropolitan Dade County (County) (defendant) designation of a portion of the Owner’s property as a historic site. The property, known as Parrot Jungle, was a tourist attraction that opened in 1936 and was still operating at the time of historic designation. Several buildings and other features were added to Parrot Jungle in subsequent decades. In the 1990s, the Board designated Parrot Jungle as a historic site by virtue of local ordinance, which permitted designation of sites older than 50 years that also met certain criteria as well as sites newer than 50 years that met the same criteria and were also deemed to have exceptional importance. The term exceptional importance was not expressly defined further in the ordinance. The Owner appealed the designation to the Board of County Commissioners, and the matter was returned to the Board for a new hearing. After the second hearing, at which the Owner was permitted the opportunity to present evidence and testimony, the Board voted again for historic designation. The Owner appealed to the County Commission, which upheld the historic designation after a hearing. In its resolution approving historic designation of Parrot Jungle, the County Commission reiterated the Board’s assertions that the site was of exceptional importance because it was one of a kind, related to a major theme in local development, and significant across multiple areas of interest. The Owner sought judicial review in circuit court. The circuit court entered an order in favor of the Owner, and the Board appealed.