Solares v. City of Miami
166 So. 3d 887
Fla. Dist. Ct. App.2015Background
- Graciela Solares, a citizen and taxpayer, sued the City of Miami over a lease extension with Bayside Marketplace, LLC and a sublease to SkyRise Miami, LLC for tower development.
- The trial court ruled against Solares on the merits and doubted her standing.
- City voters approved the lease extension and sublease in a referendum.
- Solares conceded she had no special injury and that her claim did not rely on a constitutional taxing and spending provision.
- Florida standing law requires a taxpayer to show a special injury or a constitutional challenge to the taxing and spending powers.
- The court held that, based on these precedents, Solares lacked standing and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Solares has standing to challenge the action. | Solares contends standing is lacking only if no special injury is shown. | City argues standing requires a special injury or constitutional challenge; citizen status alone is insufficient. | Solares lacks standing; ruling affirmed. |
Key Cases Cited
- Sch. Bd. of Volusia Cnty. v. Clayton, 691 So. 2d 1066 (Fla. 1997) (standing requires special injury or constitutional challenge)
- N. Broward Hosp. Dist. v. Fornes, 476 So. 2d 154 (Fla. 1985) (taxpayer may sue only with special injury absent constitutional challenge)
- Henry L. Doherty & Co. v. Joachim, 200 So. 238 (Fla. 1941) (mere tax increase does not confer standing)
- Rickman v. Whitehurst, 74 So. 205 (Fla. 1917) (taxpayer must suffer special injury to have standing)
- Alachua Cnty. v. Scharps, 855 So. 2d 195 (Fla. 1st DCA 2003) (taxpayer with no special injury lacks standing to challenge referendum)
- Renard v. Dade Cnty., 261 So. 2d 832 (Fla. 1972) (identifies special injury as a basis for standing in zoning challenges)
- Valley Forge Christian Coll. v. Am. United for Separation of Church & State, Inc., 454 U.S. 464 (U.S. 1982) (standing cannot be created merely because others lack standing)
- Clapper v. Amnesty Int’l USA, 133 S. Ct. 1138 (S. Ct. 2013) (assumes broader standing rules; not a basis to grant standing here)
- Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208 (U.S. 1974) (reiterates that lack of standing cannot be cured by asserting general injuries)