Zoning Variance

65 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Miami-Dade Cnty. v. Brennan
  802 So. 2d 1154· Fla. 3d DCA· 2001-11-21
• Wingrove Ests. Homeowners Ass'n v. Paul Curtis Realty, Inc.
  744 So. 2d 1242· Fla. 5th DCA· 1999-11-19
  Two homeowner associations sought to intervene in a circuit court proceeding where a developer challenged a county commission's denial of a commercial development plan. The Florida appellate court held that neighboring property owners affected by zoning decisions have standing to
• Riverside Roof Truss, Inc. v. Bd. OF Zoning Appeals OF the City OF Palatka
  734 So. 2d 1139· Fla. 5th DCA· 1999-05-28
  The Florida District Court of Appeal reversed the circuit court's decision upholding a variance for a communications tower, holding that the Federal Telecommunications Act does not automatically require local zoning boards to grant tower variances but only requires that denials b
• Pietroniro v. Borough OF Oceanport
  764 F.2d 976· 3d Cir.· 1985-06-18
  The court held that the evidence was insufficient as a matter of law to support the jury's verdict that the plaintiff was denied relocation assistance as required by federal law.
• Bennett S. Cohn and Jan Cohn v. The Zoning Bd. OF Appeals OF the City OF Lake Worth
  420 So. 2d 403· Fla. 4th DCA· 1982-10-13
  The court held that it lacked jurisdiction to review the denial of a variance by a city zoning board.
• James H. Alexander et ux. v. Martin
  381 So. 2d 763· Fla. 2d DCA· 1980-04-03
  The Alexanders sued for abuse of process and slander of title based on defendants' statements at a zoning board hearing and their petition for certiorari review. The trial court dismissed the case for failure to state a cause of action, and the appellate court affirmed, though th
• The City OF ST. Petersburg v. ST. Petersburg Yacht Club
  352 So. 2d 119· Fla. 2d DCA· 1977-11-16
  The St. Petersburg Yacht Club sought a writ of certiorari to prevent the City Council from considering the North Shore Neighborhood Association's appeal of an Environmental Development Commission decision approving the Club's zoning variance application. The court held that a par
• City OF Miami Beach v. Gross
  330 So. 2d 51· Fla. 3d DCA· 1976-04-06
  The City of Miami Beach appealed a circuit court's denial of its petition for certiorari challenging the Zoning Board of Adjustment's decision to grant a variance for tennis courts constructed without permit on parking spaces at the Seacoast Towers building. The appellate court a
• Smith v. Cummins E. Ratcliffe
  320 So. 2d 878· Fla. 2d DCA· 1975-10-29
  The Florida District Court of Appeal reversed a writ of prohibition that prevented a county zoning board from holding a rehearing on a variance petition. The court held that the zoning code permits aggrieved parties to apply "at any time" for modification or rescission of a board
• Monterey Dev. Co. & Dr. Murray Davidson v. Stuart Marine Ctr., Inc.
  305 So. 2d 245· Fla. 4th DCA· 1974-12-20
  Stuart Marine Center sought a variance to build dry-dock boat storage facilities on B-1 zoned property. The appellants contested the variance, but the court affirmed the board of zoning adjustment's decision granting it, holding that the variance did not constitute an improper re
• Burgess v. Crippen Oldsmobile, Inc.
  257 So. 2d 613· Fla. 3d DCA· 1972-02-08
  The court affirmed the trial court's denial of an injunction against Crippen Oldsmobile's used car sales operation on a nonconforming property strip, holding that the city's zoning was arbitrary and confiscatory and properly rezoned to permit business use.
• O'Steen v. Jacobsen
  31 Fla. Supp. 184· Palm Beach Cty. Cir. Ct.· 1968-11-07
  Homeowners sought injunctive relief to prevent construction of a gasoline service station on adjacent property, claiming the variance granted by the board of adjustment was invalid. The court dismissed the action, holding that even assuming the variance was improperly granted, pl
• McCALLUM v. Simon
  30 Fla. Supp. 204· Palm Beach Cty. Cir. Ct.· 1968-04-30
  Petitioners sought certiorari review of a zoning variance granted by the Palm Beach County Board of Adjustment, but their petition was filed more than thirty days after the board's decision. The court held that a statute purporting to revive the right to certiorari after the stat
• The City OF Miami v. Franklin Leslie, Inc.
  179 So. 2d 622· Fla. 3d DCA· 1965-11-02
  The court held that the trial court was correct in invalidating the zoning variance because there was an insufficient showing of unique hardship to the applicant as required by the zoning ordinance.
• City OF Miami Beach v. Burns
  179 So. 2d 380· Fla. 3d DCA· 1965-10-26
  The City of Miami Beach appeals a circuit court decision that granted a writ of certiorari and ordered the Zoning Board of Adjustment to issue a variance allowing Dr. Burns to convert his residence into a medical office. The appellate court reversed, holding that the same hardshi