DERWIN B. SMITH, II, ET AL., PETITIONERS,
v.
CITY OF CLEARWATER, ET AL., RESPONDENTS
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PER CURIAM.
The petition for review reflected probable jurisdiction in this Court. After having heard oral arguments and upon further consideration and analysis of the matter, we have determined that Smith v. City of Clearwater, 383 So. 2d 681 (Fla.2d DCA 1980), conflicts with neither Estuary Properties, Inc. v. Askew, 381 So. 2d 1126 (Fla.1st DCA 1979), nor Graham v. Estuary Properties, Inc., 399 So. 2d 1374 (Fla.1981). In their brief on the merits and during oral argument petitioners alleged conflict between the instant district court opinion and Gulf & Eastern Development Corp. v. City of Fort Lauderdale, 354 So. 2d 57 (Fla.1978); we likewise find no conflict with that case. Accordingly, the petition for review is dismissed.
It is so ordered.
SUNDBERG, C. J., and BOYD, ENGLAND, ALDERMAN and McDONALD, JJ., concur. OVERTON, J., dissents with an opinion with which ADKINS, J., concurs.
OVERTON, Justice,
dissenting.
I dissent. I find clear conflict with Gulf & Eastern Development Corp. v. City of Fort Lauderdale, 354 So. 2d 57 (Fla.1978), with regard to the due process notice requirements of new zoning. Additionally, in my view, this case is not controlled, on the merits, by Graham v. Estuary Properties, Inc., 399 So. 2d 1374 (Fla.1981); Graham is distinguishable on the facts. I believe that the record in this cause clearly establishes that the action of the city was arbitrary, abusive of the zoning process, and intentionally confiscatory. I would accept jurisdiction and reverse.
ADKINS, J., concurs.
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Franklin Cnty. v. Leisure Props., Ltd., 430 So. 2d 475 (Fla. 1st DCA 1983)…d expenses so that it would be highly inequitable and unjust to destroy the right he acquired. Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10 (Fla.1976); Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), rev. dismissed, 403 So. 2d 407 (Fla.1981). In support of its estoppel claim, Leisure argues that it asked the county to zone its property for multi-family develop^ ment and that the county complied with the request. Leisure introduced evidence that it relied on the favorable zoni…
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City OF Pompano Beach v. Yardarm Rest., Inc., 509 So. 2d 1295 (Fla. 4th DCA 1987)…submits that the city in 1985 unlawfully refused to issue a new building permit. At that time there was a change in zoning in progress which would affect the permit. See Smith v. City of Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980), rev. dismissed, 403 So. 2d 407 (Fla. 1981). Under such circumstances a municipality may properly delay issuance of a building permit. Smith; City of Boynton Beach v. Carroll, 272 So. 2d 171 (Fla. 4th DCA), cert. denied, 279 So. 2d 871 (Fla. 1973). Appellee’s second basis for cha…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981)
- Derwin B. Smith, II v. City OF Clearwater, 383 So. 2d 681 (Fla. 2d DCA 1980)
- Estuary Props., Inc. v. Honorable Reubin O'D. Askew, 381 So. 2d 1126 (Fla. 1st DCA 1979)
- Gulf & E. Dev. Corp. v. City OF Fort Lauderdale, 354 So. 2d 57 (Fla. 1978)