Coconut Creek Appeals Dismissal of Florida Turnpike Widening Lawsuit

COCONUT CREEK, Fla. — The fight over plans to widen the Florida Turnpike along Coconut Creek's western edge is moving to a state appeals court, after the city, a condominium community council, the mayor and seven residents filed notice they're appealing a judge's dismissal of their lawsuit against the Florida Department of Transportation.

The City of Coconut Creek, the Wynmoor Community Council, Mayor Jackie Railey and the residents filed their notice of appeal with the First District Court of Appeal after Leon County Circuit Judge David Frank dismissed their case with prejudice on July 30 — the third version of the lawsuit the plaintiffs had filed. Dismissal with prejudice means Frank ruled the plaintiffs couldn't attempt yet another amended complaint; an earlier version had already been dismissed in February, with the city and residents given 30 days to try again. The plaintiffs asked Frank to reconsider on Aug. 14; he denied that request on Aug. 27, clearing the way for the current appeal.

At issue is a state plan to add lanes to the west side of a 5.5-mile stretch of the Turnpike. The plaintiffs argued the widening would harm the health of residents living near the road and treat neighbors on the west side unfairly compared to those on the east side.

In his dismissal order, Frank found the plaintiffs hadn't shown how they would be harmed any differently than anyone else who lives, works or attends school near the Turnpike. He also ruled that the state hadn't waived its sovereign immunity from suit under the pollution law the plaintiffs cited, and that car exhaust and similar pollutants they described aren't covered by that statute in the first place. On the unequal-treatment claim, Frank pointed to the plaintiffs' own complaint, which acknowledged the state had told them gas pipelines run along the road's east side — a fact Frank wrote gave the state a legitimate reason to place the new lanes on the west side instead. He further noted the plaintiffs had attended public hearings and workshops where they raised their objections before the project moved forward.

An earlier version of the lawsuit had also challenged two other road projects, the Sawgrass Expressway and the SW 10th Street project; the plaintiffs agreed to drop those claims as the case proceeded, according to Frank's order. The notice of appeal filed with the First District Court of Appeal doesn't specify which parts of the ruling the plaintiffs intend to challenge.

The case is City of Coconut Creek, a Municipal Corporation v. Florida Department of Transportation, Leon County Circuit Court case number 37-2025-CA-001628.