JOHN E. O'CONNOR, ET AL., D/B/A COLONIAL PALMS GOLF COURSE, PETITIONERS,
v.
DADE COUNTY, RESPONDENT
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SCHWARTZ, Judge.
The Dade County Commission improperly adopted a zoning plan with respect to the petitioners’ property without first seeking the recommendation of the county’s developmental impact committee as clearly and mandatorily required as to an area of this size by pertinent provisions of the Dade County Code, § 33-303.1(D) (1959). The af-firmance of that action by the circuit court, acting in its appellate capacity, was there fore erroneous and a departure from the essential requirements of the law. Gulf & Eastern Development Corp. v. City of Ft. Lauderdale, 354 So. 2d 57 (Fla.1978); City of Miami Beach v. State ex rel. Consolo, 279 So. 2d 76 (Fla. 3d DCA 1973), cert. denied, 292 So. 2d 24 (Fla.1974); Florida Tallow Corp. v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970). Consequently, treating this appeal as a petition for certiorari, Save Brickell Ave., Inc. v. City of Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981), we quash the circuit court order of affirmance of February 18, 1981, as amended March 4, 1981, and remand the cause with directions to vacate and set aside the commission action of October 28, 1980 under review.
Certiorari granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Coral Reef Nurseries, Inc. v. The Babcock Co., 410 So. 2d 648 (Fla. 3d DCA 1982)…rit of certiorari. Dade County, designating itself as cross-appellee or cross-respondent, answered. We have jurisdiction to entertain the petition and cross-petition for cer- [*651] tiorari.6 See Fla.R.App.P. 9.030(b)(2)(B); O'Connor v. Dade County, 410 So. 2d 605 (Fla. 3d DCA 1982); City of Deerfield Beach v. Vaillant, 399 So. 2d 1045 (Fla. 4th DCA 1981); Save Brickell Avenue, Inc. v. City of Miami, 393 So. 2d 1197 (Fla.3d DCA 1981). Coral Reef and Santana contend that the Circuit Court was correct in holdi…
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Miccosukee Tribe OF Indians OF Florida v. State, 656 So. 2d 505 (Fla. 3d DCA 1995)…quality standard without first submitting the petition to the Commission as clearly and mandatorily required by the pertinent provisions of the Florida Statutes. §§ 403.803(13), 403.804(1), 403.805(1), Fla. Stat. (1993); see O’Connor v. Dade County, 410 So. 2d 605 (Fla. 3d DCA 1982). Accordingly, because there has been a material error in procedure,1 we reverse and remand for the Miccosukee’s petition to be submitted to the Commission. Reversed and remanded. . § 120.68(8), Fla. Stat. (1993).…
Authorities Cited
- Fla. Tallow Corp. & Petroleum Prods. Corp. v. Bryan, 237 So. 2d 308 (Fla. 4th DCA 1970)
- Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Gulf & E. Dev. Corp. v. City OF Fort Lauderdale, 354 So. 2d 57 (Fla. 1978)
- Save Brickell Ave., Inc. v. The City OF Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- City OF Miami Beach v. State of Fla. ex rel. Philip R. Consolo & Lou Grossman, 279 So. 2d 76 (Fla. 3d DCA 1973)
- Bookout v. State, 292 So. 2d 24 (Fla. 1974)
- Ulysess Byrd v. State, 292 So. 2d 24 (Fla. 1974)