Court Orders Tampa To Obey Its Own Laws

Published: Jun 8, 2007

The Tampa Tribune

What example does it set for the rest of us when government won't follow its own laws?

Citivest Construction Corp. and their representative, Bill Robinson, could be forgiven for asking that question with frustration. Time and again, the city has thwarted Citivest's plans for a condominium building on the company's land at Bayshore Boulevard and DeSoto Avenue. They have done so by ignoring their own zoning ordinance.

In this dustup between business people and bureaucrats, the law-abiding party is the private company.

True, the tower, at 20 stories, would be taller than many in the community might want. But Citivest has made sure that it conforms with all zoning requirements. Beyond that, the firm has been careful to give the project architectural detail that reflects the Hyde Park Historic District, on whose southern edge the property sits.

None of this satisfied the powers that be. The Architectural Review Commission nixed the first two plans and wouldn't consider the current proposal. The panel claimed to be applying standards tied to the historic surroundings. But there aren't any firm "aesthetic" criteria that trump the zoning code. Essentially, the commission was inventing its own rules on the fly. Nevertheless, the city council affirmed the commission's ruling, forcing Robinson to head to court.

In front of judges, the law has received more respect. First, Hillsborough Circuit Judge William Levens overruled the city council and directed it to reconsider. "The court is bound to apply the law, not to decide a case based on personal or popular opinion," he wrote.

Now, the Second District Court of Appeal has concurred. In a decision last month, it held that, while the Architectural Review Commission has a mandate to promote aesthetic and historical considerations, the zoning code is the ultimate standard and officials can't refuse to apply it.

Obviously this was a welcome decision for Citivest, but why should it matter to the rest of us?

Because the rule of law is a bedrock requirement in a free, democratic society - and there can be no rule of law where government isn't bound by it. Especially in the area of land-use regulations, it is dangerous to let officials follow their personal whims instead of being tied to fixed legal rules.

Our property rights form the basis of all our other liberties, so regulators with power over our property should never be allowed to think they're above the law. This principle is as important for the small homeowner as for the large landowner.

Citivest's court victory was a win for all of us who value responsible government and reliable property rights.

Valerie Fernandez is the managing attorney for Pacific Legal Foundation's Atlantic Center in Stuart. PLF filed a friend of the court brief in the case of City of Tampa vs. Citivest, which was recently decided by the Second District Court of Appeal.

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