CITIZENS FOR THOUGHTFUL GROWTH WEST PALM BEACH INC v. CITY OF WEST PALM BEACH LLC (2020)

Citizens for Thoughtful Growth (“CTG”) (a non-profit “watchdog group”), and its president Nancy Pullum, petition for a writ of certiorari from a trial court discovery order. The lawsuit filed by CTG contests development orders issued by the respondent, City of West Palm Beach, to respondent Flagler Residential, LLC (“Developer”), permitting the construction of a high-rise condominium. The order on discovery compels CTG to disclose the identity, contact information, and property address of all its members and supporters who would be adversely affected by the development order. The respondents contend that the information is necessary for them to investigate the plaintiff’s standing to sue pursuant to section 163.3215, Florida Statutes (2019). The petitioners contended that disclosure would violate a right of privacy of its members.

We grant the petition and quash the order based upon National Rifle Association of America, Inc. v. City of South Miami, 774 So. 2d 815, 816 (Fla. 3d DCA 2000) (granting certiorari to petitioner National Rifle Association to quash trial court order compelling production of names and addresses of members living in Miami for the purpose of determining NRA's standing to challenge ordinances; concluding that simply because association filed action as plaintiffs did not mean the organization waived the privacy rights concerning members' names, and noting “[w]e express no opinion on whether the Associations have, or will be able to establish, standing. Those issues await consideration in the first instance by the trial court.”).

Per Curiam.

Warner, Gross and Taylor, JJ., concur.