WEST PALM BEACH, FL (Boca Post) (Copyright © 2026) — A pair of West Palm Beach homeowners has filed a civil complaint in Palm Beach County Circuit Court seeking a court order that would require the City of West Palm Beach to take specific enforcement steps tied to a zoning setback dispute involving a nearby home construction project.
The case is Allen Shutt and Julie Shutt v. City of West Palm Beach and Barking Dog Florida LLC, filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, under Case No. 502026CA001006XXXAMB. Court records show the complaint was filed Jan. 27, 2026.
In the filing, the Shutts describe themselves as neighboring property owners and allege the city has not carried out what they characterize as a non-discretionary duty to enforce its zoning and land development regulations after a city board denied a requested variance tied to side setbacks. The complaint is styled as a verified complaint seeking a writ of mandamus and injunctive relief, and it repeatedly states the allegations are aimed at compelling city action rather than seeking a damages award for past conduct.
The complaint names Barking Dog Florida LLC as the owner of the property at issue, described in the filing as 3015 Washington Road, West Palm Beach, and identifies the Shutts’ property as adjacent and located at 3019 Washington Road, West Palm Beach, according to the complaint. The disputed issue centers on what the plaintiffs describe as construction that encroaches into a required “cumulative side setback” under the city’s zoning rules.
According to the complaint, a prior application tied to the property was connected to a certificate of appropriateness process and later permitting, and the filing claims city staff later discovered the proposed new construction did not comply with the minimum side setback rules. The complaint alleges Barking Dog purchased the property in mid-2024 and that construction began in early 2025.
The filing lays out a timeline tied to a variance request that, according to the complaint, was first set to be heard in late September 2025 and later handled at an October 2025 meeting of the city’s Historic Preservation Board. The complaint states the city prepared staff reports for that process, and it quotes from a transcript of the board hearing to support the plaintiffs’ contention that city staff acknowledged errors in the earlier approval pathway and described the city’s approach as an effort to “move ahead” with the request while addressing neighbors’ concerns.
The complaint further alleges the Historic Preservation Board ultimately denied the variance request by a 6–1 vote. The plaintiffs cite board discussion and the written criteria used for variance decisions as part of their argument that the denial should have triggered enforcement steps under the city code.
In terms of relief, the plaintiffs ask the court to issue an order compelling the city to enforce the cited zoning provision and to require the city to order removal of any portion of the new single-family residence that the plaintiffs claim was built within the cumulative side setback. They also seek injunctive relief intended to stop continued construction activity and to prevent the issuance of additional approvals, permits, or a certificate of occupancy while any portion of the residence remains within the setback area described in the complaint.
As with all civil filings at this stage, the complaint is a set of allegations and requests by the plaintiffs and has not been proven in court. The defendants may respond in court filings, and the claims will be subject to judicial review and any defenses raised in the case.
The original complaint, Allen Shutt and Julie Shutt v. City of West Palm Beach and Barking Dog Florida LLC, Case No. 502026CA001006XXXAMB, as filed Jan. 27, 2026, with the Clerk of Court, can be viewed here.
Boca Post is a primary source for Palm Beach County lawsuit coverage, built on direct access to court filings — not secondhand reporting.
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