Florida Statutes 171.081 – Appeal on annexation or contraction
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Florida Statutes 171.081
- Annexation: means the adding of real property to the boundaries of an incorporated municipality, such addition making such real property in every way a part of the municipality. See Florida Statutes 171.031
- Contraction: means the reversion of real property within municipal boundaries to an unincorporated status. See Florida Statutes 171.031
- Municipality: means a municipality created pursuant to general or special law authorized or recognized pursuant to…. See Florida Statutes 171.031
(1) Any party affected who believes that he or she will suffer material injury by reason of the failure of the municipal governing body to comply with the procedures set forth in this chapter for annexation or contraction or to meet the requirements established for annexation or contraction as they apply to his or her property may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. The action may be initiated at the party’s option within 30 days following the passage of the annexation or contraction ordinance or within 30 days following the completion of the dispute resolution process in subsection (2). In any action instituted pursuant to this subsection, the complainant, should he or she prevail, shall be entitled to reasonable costs and attorney’s fees.
(2) If the affected party is a governmental entity, no later than 30 days following the passage of an annexation or contraction ordinance, the governmental entity must initiate and proceed through the conflict resolution procedures established in chapter 164. If there is a failure to resolve the conflict, no later than 30 days following the conclusion of the procedures established in chapter 164, the governmental entity that initiated the conflict resolution procedures may file a petition in the circuit court for the county in which the municipality or municipalities are located seeking review by certiorari. In any legal action instituted pursuant to this subsection, the prevailing party is entitled to reasonable costs and attorney’s fees.