CITY OF PEMBROKE PINES, A MUNICIPAL CORPORATION, ET AL., APPELLANTS,
v.
HARRISON C. BLACKER AND EDNA M. BLACKER, HIS WIFE, APPELLEES
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The court reversed the trial court's rezoning order, holding that the city's residential zoning classification was fairly debatable and the property owners failed to prove it was arbitrary, unreasonable, or confiscatory.
A zoning classification is valid if fairly debatable, and the burden rests on the property owner to prove the ordinance is arbitrary, unreasonable, or confiscatory; doubt must be resolved in favor of the zoning authority.
[1] A zoning classification is presumptively valid if fairly debatable, and the burden of proving an ordinance arbitrary, unreasonable, or confiscatory rests upon the party c…
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Join FLexlaw to unlock all legal intelligenceProperty owners sought rezoning of their residential property to commercial, citing increased traffic flow over bordering thoroughfares as justificati…
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PER CURIAM.
Upon due consideration of the briefs and oral argument and after careful review of the record on appeal we are of the opinion that the trial court misconstrued the legal effect of the evidence in granting plaintiffs’-appellees’ application for rezoning of their property from residential to commercial. The evidence in the record as well as the findings of fact demonstrate, in our opinion, that the zoning classification placed upon plaintiffs’ property by defendants-appellants was fairly debatable; plaintiffs failed to carry their burden of proving that the existing ordinance and zoning classification was arbitrary, unreasonable or confiscatory. City of St. Petersburg v. Aikin, Fla.1968, 217 So. 2d 315; McCormick v. City of Pensacola, Fla.App.1968, 216 So. 2d 785; Metropolitan Dade County v. Greenlee, Fla.App. 1969, 224 So. 2d 781; City of South Miami v. Alvin, Fla.App.1966, 189 So. 2d 386. In particular, whether the increased flow of traffic over the thoroughfares bordering plaintiffs’ property was sufficient to require a change from residential to commercial was fairly debatable; and in light of the applicable principles relating to this doctrine any doubt should be resolved in favor of the decision of the zoning authority. City of St. Petersburg v. Aikin, supra, and McCormick v. City of Pensacola, supra.
Accordingly, the judgment of the trial court directing the granting of the plaintiffs’ application for rezoning is vacated and set aside and the cause remanded for further proceedings consistent herewith.
OWEN, C. J., and MAGER and DOW-NEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Walker v. Indian River Cnty., 319 So. 2d 596 (Fla. 4th DCA 1975)…action in rezoning the appellant’s property to R-l Single Family and denying appellant’s request for an R-3 use, this doubt was properly resolved by the trial court in favor of the decision of the zoning authority. City of Pembroke Pines v. Blacker, 314 So. 2d 195 (Fla.App. 4th 1975), at page 196. In other words, any doubt as to the propriety of the appellee’s actions in rezoning appellant’s property and denying the request for an R-3 use in order to prevent spot zoning or what appellant’s expert termed “bul…
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Palm Beach Cnty. v. Boca Dev. Assocs., Ltd., 502 So. 2d 975 (Fla. 4th DCA 1987)…PER CURIAM. We grant the petition for writ of certio-rari and quash the trial court’s order of September 4,1986, on the authority of City of Pembroke Pines v. Blacker, 314 So. 2d 195 (Fla. 4th DCA 1975). Also see Palm Beach County v. Boca Development Associates, Ltd., 485 So. 2d 449 (Fla. 4th DCA 19861 and Boca Development Associates, [*976] Ltd. v. Holiday City Civic Association, Inc., 411 So. 2d 343 (Fla. 4th DCA 1982). ANST…
Authorities Cited
- City OF ST. Petersburg v. Aikin, 217 So. 2d 315 (Fla. 1968)
- Metro. Dade Cnty. v. Greenlee, 224 So. 2d 781 (Fla. 3d DCA 1969)
- City OF S. Miami v. Alvin, 189 So. 2d 386 (Fla. 3d DCA 1966)
- Saxon v. Weaver, 216 So. 2d 785 (Fla. 1st DCA 1968)