Donovan, et al. v. Okaloosa County, FL, etc., et al.Annotate this Case
In this case, the court considered an appeal from a final circuit court judgment validating revenue bonds proposed to be issued by the county to finance a beach restoration project. The court held that appellants erroneously contended that in adopting the Assessment Resolution, the county failed to comply with the requirements of its MSBU Ordinance, and as a result, the circuit court lacked jurisdiction; appellants contention, that the county failed to demonstrate that the Florida Department of Environmental Protection (DEP) would issue the permits at issue for the beach renourishment project and thus the circuit court erred in validating the bonds, was rejected; beach and shore preservation projects confronted a critical threat to the welfare of the people of the state and those special benefits that flow incidentally to certain properties because of the nature of the project did not diminish its predominately public nature; competent, substantial evidence supported the trial court's determination that the county's methodology was fair and reasonable; and regardless of how much sand was added outside the boundaries of the MSBU, the special benefits were nevertheless provided. Accordingly, the court affirmed the circuit court's final judgment of validation of the bonds.