EDWARD BUTLER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD BUTLER, APPELLANT,
STATE OF FLORIDA, APPELLEE
400 So. 2d 1227
Florida District Court of Appeal, Fourth District (1981)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
Appellant was convicted and sentenced for the crime of indecent assault upon a minor child. We are compelled to reverse and remand for a new trial on the authority of Tascano v. State, 393 So. 2d 540 (Fla. 1980).
REVERSED and REMANDED.
ANSTEAD, MOORE and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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FOX v. Town OF BAY Harbor Islands, 450 So. 2d 559 (Fla. 3d DCA 1984)…ld offend against the ordinance. Unsuccessful in obtaining a variance from the Town, Fox brought suit. The applicable legal principles are clear. Zoning ordinances, like all legislative acts, are presumptively valid. Town of Indialantic v. McNulty, 400 So. 2d 1227 (Fla. 5th DCA 1981). The burden of overcoming this presumption of validity is on the challenger. Id. at 1230. That burden is satisfied when it is shown that the ordinance in question does not bear a substantial relation to the public health, safety,…1 / 2
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Palm Beach Cnty. v. Boca Dev. Assocs., Ltd., 485 So. 2d 449 (Fla. 4th DCA 1986)…isapproving rezoning is a matter of the greatest legitimate interest to the county. “Zoning decisions are primarily ‘legislative’ in nature and should be made by zoning authorities responsible to their constitutents.” Town of Indialantic v. McNulty, 400 So. 2d 1227, 1230 (Fla. 5th DCA 1981). In Watson v. Mayflower Property, Inc., 223 So. 2d 368, 373 (Fla. 4th DCA 1969) (quoting City of Miami Beach [*453] v. Weiss, 217 So. 2d 836 (Fla.1969)), this court noted that Zoning involves much more than mere classifica…
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Florio v. City OF Miami Beach, 425 So. 2d 1161 (Fla. 3d DCA 1983)…f inverse condemnation. Burritt v. Harris, 172 So. 2d 820 (Fla.1965); Mailman Development Corporation v. City of Hollywood, 286 So. 2d 614 (Fla. 4th DCA 1974); Kasser v. Dade County, 344 So. 2d 928 (Fla. 3d DCA 1974); Town of Indialantic v. McNulty, 400 So. 2d 1227 (Fla. 5th DCA 1981). Therefore, the final judgment here under review is affirmed. Affirmed. . See State v. Miami Beach Redevelopment Agency, 392 So. 2d 875 (Fla.1980). . The redevelopment ordinances or regulations are actually zoning ordinances.…
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- Tascano v. State, 393 So. 2d 540 (Fla. 1980)