Vanderbilt Shores Condominium Association, Inc. v. Collier County

891 So. 2d 583 (2004)

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Vanderbilt Shores Condominium Association, Inc. v. Collier County

Florida District Court of Appeal
891 So. 2d 583 (2004)

  • Written by Liz Nakamura, JD

Facts

Collier County (defendant) issued a building permit to Aquaport LLC and Conotel LLC. Vanderbilt Shores Condominium Association, Inc. (Vanderbilt) (plaintiff), along with several other community associations, filed an action for declaratory relief and mandamus against Collier County, arguing that the approved building plan violated the county land-development code. Collier County challenged, arguing that the approved building permit complied with all relevant code provisions. Vanderbilt did not appeal the issuance of the building permit to the board of zoning appeals, an administrative board, before filing the lawsuit. Further, the entire construction project was completed without Vanderbilt ever seeking a preliminary injunction. The circuit court dismissed Vanderbilt’s action, holding that (1) the county’s interpretation of the land-development code was reasonable; and (2) Vanderbilt’s petition for judicial intervention was inappropriate because Vanderbilt had not yet exhausted all available administrative remedies. Vanderbilt appealed.

Rule of Law

Issue

Holding and Reasoning (Northcutt, J.)

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