Case No.: GCG01-2329
GERALD A. ROBBINS, on behalf of respondents ROXANNE
HALL, TIMOTHY L. ROY, DAVID BRISCOE,
RENEE BRISCOE, and SKI AWAY WAKEBOARD & WATER SKI INSTRUCTION, INC, a Florida
Corporation,
THE REAL PARTIES IN INTEREST,
Petitioners,
vs.
POLK COUNTY, a political subdivision of the State of Florida,
Respondent.
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ORDER OF DISMISSAL
This matter is before the court on respondent's motion to dismiss. A hearing was held on the motion to dismiss on October 9, 2001. Having heard the arguments and having reviewed the files and applicable law, this court finds that it does not have jurisdiction over this matter. Fl. Rule App. Proc. 9.030(c)(3). Specifically, the petition was filed within 30 days of the Public Hearing of May 16, 2001 at which time no quasi-judicial action was taken by the Board of County Commissioners. Board of County Commissioners of Manatee County v. Circuit Court of the 12th Judicial Circuit, 433 So.2d 537, 538 (Fla. 2d DCA 1983). The court finds that the Board conducted a quasi-legislative session on May 16, 2001, which is not reviewable by the Circuit Court. Board of County Commissioners of Hillsborough County v. Casa Development, Ltd., 332 So.2d 651, 654 (Fla. 2d DCA 1976).
Accordingly, it is hereby ORDERED that this cause is DISMISSED.
ORDERED November 2001.
Charles B. Curry, Chief Judge