Florida Supreme Court backs West Palm Beach’s refusal to investigate residents’ complaint against neighbor

“We decline to endorse a judicially created remedy that would so exceed current limits on the exercise of the judicial power,” Justice Carlos Muniz wrote for the court. “The Havers invite judicial interference with administrative enforcement decisions of a kind that traditionally have been considered discretionary and that embody value-laden judgments about the proper allocation of scarce governmental resources. And they ask us to subject these decisions to judicial review even in the absence of allegations that the government itself has acted illegally. If judicial oversight of such matters is to be expanded, that innovation must be authorized by the Legislature or by a city’s own ordinance.”