TOWN OF DAVIE, A MUNICIPAL CORPORATION AND CITY OF HACIENDA VILLAGE, A DISSOLVED MUNICIPAL CORPORATION, APPELLANTS,
v.
WILLIAM C. HARRISON, AMBROSE MUELLER AND ROBERT E. KRAUSS, APPELLEES
TOWN OF DAVIE, A MUNICIPAL CORPORATION AND CITY OF HACIENDA VILLAGE, A DISSOLVED MUNICIPAL CORPORATION, APPELLANTS,
WILLIAM C. HARRISON, AMBROSE MUELLER AND ROBERT E. KRAUSS, APPELLEES
559 So. 2d 1237
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. We reject all three claims of error raised on appeal, either because we find such issues have been waived or that they do not constitute substantive error by the trial court.
ANSTEAD, STONE and POLEN, JJ., concur.
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Herrera v. City OF Miami, 600 So. 2d 561 (Fla. 3d DCA 1992)…oning restrictions for a neighborhood is not justified unless no reasonable use can be made of the land without the variance. Bernard v. Town Council of Palm Beach, 569 So. 2d 853 (Fla. 4th DCA 1990). See also Metropolitan Dade County v. Betancourt, 559 So. 2d 1237, 1239 (Fla. 3d DCA 1990) (“Where land is zoned for residential use, deprivation of all beneficial use is proved only when it is established by competent evidence that the land cannot be used for any of the purposes permitted in such district”); Town…
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ABG Real Est. Dev. Co. OF Fla., Inc. v. ST. Johns Cnty., 608 So. 2d 59 (Fla. 5th DCA 1992)…569 So. 2d 853 (Fla. 4th DCA 1990) (proper standard of review of a variance decision is whether there was competent substantial evidence to support the agency’s determination, and not a “fairly debatable” standard); Metro. Dade County v. Betancourt, 559 So. 2d 1237 (Fla. 3d DCA 1990); Town of Indialantic v. Nance, 400 So. 2d 37 (Fla. 5th DCA 1982), aff'd, 419 So. 2d 1041 (Fla. 1982). The problems inherent in the circuit court’s reasoning are further spotlighted by the following paragraph taken from its order:…
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Auerbach v. City OF Miami, 929 So. 2d 693 (Fla. 3d DCA 2006)…1212 (Fla. 1st DCA 1998), review denied, 732 So. 2d 328 (Fla.1999); Maqueira v. Montessori Children’s Sch. of Key West, Inc., 622 So. 2d 597 (Fla. 3d DCA 1993); Maturo, 619 So. 2d at 455; Herrera, 600 So. 2d at 561; Metro. Dade County v. Betancourt, 559 So. 2d 1237 (Fla. 3d DCA 1990); Hemisphere Equity Realty Co., 369 So. 2d at 996; cf. Chisholm Props. S. Beach, Inc. v. City of Miami Beach, 8 Fla. L. Weekly Supp. C689 (Fla. 11th Cir.Ct. App.Div. Aug. 9, 2001), cert. denied, 830 So. 2d 842 (Fla. 3d DCA 2002)(Sc…
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