MARY W. HORTON AND JOHN HORTON, HER HUSBAND, APPELLANTS,
v.
ELWIN L. MOORE, APPELLEE

Fla. 2d DCA | 1962-08-22
No. 2752
SHANNON, C. J., SMITH, J., and WILLIS, ROBERT E., Associate Judge, •concur.
143 So. 2d 917 Florida District Court of Appeal, Second District (1962) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Brown v. Householder, Fla.App.1961, 134 So.2d 801.

SHANNON, C. J., SMITH, J., and WILLIS, ROBERT E., Associate Judge, •concur.


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Cited By

  • Burritt v. Harris, 166 So. 2d 168 (Fla. 1st DCA 1964)
    …Miami Beach v. Lachman, Fla., 71 So. 2d 148. The fact that property zoned residential is more valuable for commercial purposes does not of itself invalidate a zoning regulation or ordinance. Polk Enterprises, Inc. v. City of Lakeland, Fla.App.1962, 143 So. 2d 917. The fact that a property owner purchased the property with knowledge of the restriction placed upon its use by a zoning regulation is a factor to be considered by the zoning board in considering his application for a variance or change on the claim…
  • Blank v. Town OF Lake Clarke Shores, 161 So. 2d 683 (Fla. 2d DCA 1964)
    …l be noted that the same reasoning has been employed herein as was employed in the Jupiter Island decision. See also, Village of Virginia Gardens v. Johnson, Fla.App.1962, 143 So. 2d 692; and Polk Enterprises, Inc. v. City of Lakeland, Fla.App.1962, 143 So. 2d 917. The chancellor below, in concluding, found that under all of the circumstances it could not be said that the restrictions placed upon the plaintiffs’ property were not reasonably related to the public welfare. “The question is at least ‘fairly deb…
  • City OF S. Miami v. Alvin, 189 So. 2d 386 (Fla. 3d DCA 1966)
    ….Ct.1954, 135 N.Y.S.2d 220; Page v. City of Portland, 1946, 178 Or. 632, 165 P. 2d 280; 101 C.J.S. Zoning, § 95. Neither is the fact that rezoning will enhance the value of the property. See: Polk Enterprises, Inc. v. City of Lakeland, Fla.App.1962, 143 So. 2d 917; Burritt v. Harris, Fla.App. 1964, 166 So. 2d 168. We find that the zoning classification established by the City is within the fairly “debatable rule”, as' pronounced by the appellate courts of this State and, therefore, should be upheld. See: Cit…

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