CITY OF NEW SMYRNA BEACH ET AL., APPELLANTS,
v.
H. GEORGE CARRISON, APPELLEE
PER CURIAM.
AFFIRMED.
MILLS and ERVIN, JJ., concur.
BOYER, Acting C. J., concurs specially.
BOYER, Acting Chief Judge,
concurring specially.
I concur that the learned trial judge correctly found that the ordinance sought to be imposed by appellant is unconstitutional as applied to appellee’s property. The facts of this case and the law as applied by the trial judge are squarely in line with Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975). When a zoning restriction becomes unreasonable or arbitrary as applied to a particular property then that restriction is unconstitutional in its application although the restriction, generally, may not be so defective. Davis v. Sails, supra; Watson v. Mayflower Property, Inc., 177 So. 2d 355 (Fla. 2nd DCA 1965) and Kugel v. City of Miami Beach, 206 So. 2d 282 (Fla. 3rd DCA 1968).
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Citator
Cited By
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R & A Trucking, Inc. v. Gen. Host Corp., 399 So. 2d 1058 (Fla. 3d DCA 1981)
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FOX v. Playa DEL SOL Ass'n, Inc., 446 So. 2d 126 (Fla. 4th DCA 1983)…Visuna v. Metropolitan Transit Authority, 353 So. 2d 183 (Fla.3d DCA 1977); accord, Biscayne Construction Company v. Metropolitan Dade County, 388 So. 2d 329 (Fla. 3d DCA 1980); contra, Treeshore, Inc. v. Basic Asphalt and Construction Corporation, 354 So. 2d 976 (Fla. 1st DCA 1978); and Palatka Housing Authority v. Betts, 349 So. 2d 784 (Fla. 1st DCA 1977). Accordingly, we reverse the trial court’s order dismissing this action and remand with directions to reinstate the cause and in so doing recognize appa…
Authorities Cited
- Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975)
- Kugel v. City OF Miami Beach, 206 So. 2d 282 (Fla. 3d DCA 1968)
- Welcom Watson v. Mayflower Prop., Inc., 177 So. 2d 355 (Fla. 2d DCA 1965)