PHILIP EPIFANO, AS TRUSTEE, APPELLANT,
v.
TOWN OF INDIAN RIVER SHORES, A MUNICIPAL CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, EDWARD J. NOLAN, MAYOR, FRED E. GIERHART, SUZANNE M. BODEN, THAD D. WILKINS AND PAUL PARENT, AS MEMBERS OF AND CONSTITUTING THE TOWN COUNCIL OF THE TOWN OF INDIAN RIVER SHORES, APPELLEES
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The court held that the municipal ordinances were properly adopted, not subject to constitutional attack, and the town was not equitably estopped from enforcing them. The plaintiff had no vested right to the claimed zoning.
Plaintiff sought a declaratory decree challenging the validity of zoning moratorium and rezoning ordinances. The trial court found the ordinances vali…
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PER CURIAM.
Appellant was plaintiff below and seeks reversal of a final judgment. The suit was for a declaratory decree relating to the validity of a zoning moratorium ordinance and a rezoning ordinance passed by the Town Council of the Town of Indian River Shores, the defendant/appellee. The trial court concluded that the municipal* ordinances had been properly adopted, that they were not subject to constitutional attack, and that the City was not equitably estopped from enforcing the ordinances. The trial court also found that the plaintiff had no vested right to the particular zoning claimed.
The matter was tried before the Court without a jury. The evidence introduced was voluminous and complex.
Appellant initially contends that the ordinance was enacted in an unconstitutional manner resulting in a denial of due process. We find appellant has failed to demonstrate error in this regard.
Appellant asserts a vested right to certain zoning existed. The trial court found to the contrary and we find his conclusion supported by City of Boynton Beach v. Carroll, 272 So. 2d 171 (Fla. 4th DCA 1973), and City of Hallandale v. State, ex rel. Sage Corp., 326 So. 2d 202 (4th DCA 1976). Appellant also contends that the zoning classification was unreasonable and arbitrary, constituting a denial of equal protection of the laws. We find this contention to be without merit. Appellant’s contentions regarding equitable estoppel were basically factual questions which were properly'determined by the trial court. We conclude that appellant has failed to demonstrate error in any respect. The final judgment below is therefore affirmed.
AFFIRMED.
ANSTEAD and BERANEK, JJ., and DAUKSCH, JAMES C., Jr., Associate Judge, concur.
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Robles DEL MAR, Inc. v. Town OF Indian River Shores, 385 So. 2d 1371 (Fla. 1980)…PER CURIAM. This is a petition for review of the following per curiam opinion of the Fourth District Court of Appeal: AFFIRMED. See Epifano v. Town of Indian River Shores, 379 So. 2d 966. AFFIRMED. The cited Epifano decision, which was filed on the same day as the instant per curiam opinion, is a final decision of the district court. We dismiss this petition in accordance with Dodi Publishing Co. v. Editorial America, S. A., 385 S…
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Robles DEL MAR, Inc. v. Town OF Indian River Shores, 379 So. 2d 967 (Fla. 4th DCA 1979)…PER CURIAM. AFFIRMED. See Epifano v. Town of Indian River Shores, 379 So. 2d 966 (1979). AFFIRMED. ANSTEAD and BERANEK, JJ., and DAUKSCH, JAMES C., Jr., Associate Judge, concur.…
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Executive 100, Inc. v. Martin Cnty., 922 F.2d 1536 (11th Cir. 1991)…(because no property interest existed in continuation of existing zoning or in new zoning classification applied for, city could amend land use plan of such property to conform to prior zoning classification; Epifano v. Town of Indian River Shores, 379 So. 2d 966 (Fla.App. 4 Dist.1979) (no vested right to certain zoning). . Broward County v. Capeletti Bros., Inc., 375 So. 2d 313 (Fla. 2d Dist.Ct.App.1979). . Id. at 315. . 613 F. 2d 497 (4th Cir.1980). . Id. at 501 (citing Board of Regents v. Roth, 408 U.…
Authorities Cited
- The City OF Boynton Beach v. The Most Reverend Coleman F. Carroll, 272 So. 2d 171 (Fla. 4th DCA 1973)
- The City OF Hallandale v. State of Fla. ex rel. Sage Corp., 326 So. 2d 202 (Fla. 4th DCA 1976)