City of Satellite Beach v. Goersch
217 So. 3d 1143
| Fla. Dist. Ct. App. | 2017Background
- Klaus and Brigitte Goersch bought a Satellite Beach home in 2012 that had an existing opaque fence installed in 2006.
- A 2007 amendment to the City fence ordinance limited opaque materials to 30% of any vertical surface, rendering the Goersches' fence nonconforming.
- The Goersches obtained a permit to extend the fence and installed it, but the building inspector refused to issue a certificate of completion because the completed fence violated the opaqueness rule.
- The Goersches applied to the City Board of Adjustment for a variance, alleging special circumstances (preexisting fence at purchase and adjacent city park dedication) and submitting the required variance criteria.
- The Board denied the variance; the Goersches obtained first-tier certiorari review in circuit court, which quashed the Board’s denial for lack of competent, substantial evidence and remanded.
- The City sought second-tier certiorari review in the district court arguing the circuit court applied the wrong law by effectively shifting the burden of proof from the applicant to the City.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the circuit court applied correct law in reviewing the Board's denial of a variance | Goerschs: Board denial lacked competent, substantial evidence and circuit court properly quashed and granted the variance | City: Circuit court improperly reweighed evidence and shifted burden; circuit court should have upheld Board unless correct legal standards were misapplied | Court: Circuit court applied incorrect law by shifting burden; quashed circuit court order and remanded |
| Who bears burden of proof for a variance and scope of certiorari review | Goerschs: Board's denial unsupported by evidence, so relief warranted | City: Applicant bears burden to prove variance criteria; circuit court cannot substitute its judgment for Board's | Court: Applicant bears burden to establish variance criteria; circuit court cannot reweigh evidence on certiorari review |
Key Cases Cited
- Broward Cty. v. G.B.V. Int'l., Ltd., 787 So. 2d 838 (Fla. 2001) (describes scope of first- and second-tier certiorari review)
- Haines City Cmty. Dev. v. Heggs, 658 So. 2d 523 (Fla. 1995) (circuit court cannot reweigh evidence or substitute its judgment for an administrative board)
- Bd. of Cty. Cmm'rs of Dade Cty. v. First Free Will Baptist Church, 374 So. 2d 1055 (Fla. 3d DCA 1979) (applicant bears burden to prove variance criteria)
- State, Dep't of Highway Safety & Motor Vehicles v. Wiggins, 151 So. 3d 457 (Fla. 1st DCA 2014) (circuit court misapplies law when it reweighs conflicting evidence)