1000 FRIENDS OF FLORIDA, INC., AND SIERRA CLUB, APPELLANTS,
v.
PALM BEACH COUNTY AND RINKER MATERIALS OF FLORIDA, INC., D/B/A CEMEX, APPELLEES
Based on 1000 Friends of Florida, Inc. v. Palm Beach County, 69 So.3d 1123 (Fla. 4th DCA 2011), we reverse the final judgment in favor of appellees. Although there was some evidence that the proposed mine might support agricultural activities, this was a tangential, collateral benefit. The permit provided no benchmarks to insure that an agricultural use would be consistent with the requirement of the policy in the comprehensive plan that mining be permitted “only to support public roadway projects or agricultural activities.” *1271 Id. at 1125. We remand to the circuit court with instructions to declare the development order inconsistent with the comprehensive plan and to enjoin enforcement of the order.
STEVENSON, GROSS and CONNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States Sugar Corp. & SBG Farms, Inc. v. 1000 Friends OF Fla., 134 So. 3d 1052 (Fla. 4th DCA 2013)…s under that order, based upon 1000 Friends of Fla., Inc. v. Palm Beach Cnty., Bergeron Sand & Rock Mine Aggregates, Inc., 69 So. 3d 1123 (Fla. 4th DCA 2011), and 1000 Friends of Fla., Inc. v. Palm Beach Cnty., Rinker Materials of Fla., d/b/a Cemex, 75 So. 3d 1270 (Fla. 4th DCA 2011). In both cases, this court struck down similar development orders. We affirm based upon Bergeron and Cemex. The development order in question in this case was obtained by both Florida Rock Industries, Inc. and United States Su…
Authorities Cited
- 1000 Friends OF Fla., Inc. v. Palm Beach Cnty. & Bergeron Sand & Rock Mine Aggregates, Inc., 69 So. 3d 1123 (Fla. 4th DCA 2011)