MIAMI BEACH HOMEOWNERS ASSOCIATION, INC., PETITIONER,
v.
CITY OF MIAMI BEACH, FLORIDA, RESPONDENT

Fla. 3d DCA | 1991-06-04
No. 90-2046
Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.
579 So. 2d 920 Florida District Court of Appeal, Third District (1991) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petitioner has standing to challenge only the procedural legality, rather than the wisdom of the municipal decision below. Save Brickell Ave., Inc. v. City of Miami, 395 So. 2d 246 (Fla. 3d DCA 1981); Save Brickell Ave., Inc. v. City of Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981). On that issue, it has failed completely to establish, as it argues, that the Appellate Division of the Circuit Court departed from the essential requirements of the law in concluding that the Miami Beach City Commission had properly effected an abandonment of the city’s air rights over a particular street by resolution, rather than by ordinance. In accordance with City of Deer-field Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982), the petition for writ of certiorari is therefore denied.


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  • Peacock v. City OF Miami & Coconut Grove Civic Club, 646 So. 2d 291 (Fla. 3d DCA 1994)
    …85 So. 2d 129, 130 (Fla. 3d DCA 1980). The Club in this case, a representative association, lacks standing to challenge the Board’s decision bn any ground other than procedural irregularity. Miami Beach Homeowners Ass’n, Inc. v. City of Miami Beach, 579 So. 2d 920 (Fla. 3d DCA 1991); Save Brickell Ave., Inc. v. City of Miami, 395 So. 2d 246 (Fla. 3d DCA 1981); Save Brickell Ave., Inc. v. City of Miami 393 So. 2d 1197 (Fla. 3d DCA 1981). Because the Club makes no allegations of any procedural irregularity, the…

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