DANIEL F. BLOCH, APPELLANT,
v.
WHITFIELD ZONING DISTRICT, APPELLEE

Fla. 2d DCA | 1982-10-15
No. 81-1558
OTT, C.J., and GRIMES, J., concur.
420 So. 2d 649 Florida District Court of Appeal, Second District (1982) Positive Treatment
Cited by 4 cases
Topics
Constitutional Law Injunctive Relief Declaratory Judgment

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Opinion of the Court
RYDER, Judge.

RYDER, Judge.

Bloch appeals the summary judgment adverse to his claim for declaratory and in-junctive relief, arguing that the lower court erred in finding legislation creating the Whitfield Zoning District to be constitutional.

We recently held that the act creating the Whitfield Zoning District, Chapter 25996, Laws of Florida 1949, as amended by Chapter 74-529, was an unauthorized delegation of legislative power contrary to the provisions of Article II, Section 3 of the Florida Constitution, and was consequently unconstitutional. State v. Roberts, 419 So. 2d 1164 (Fla. 2d DCA 1982). The issue and argument of appellant below are identical to those adopted by this court in Roberts.

We reverse the entry of summary judgment below based upon the reasoning and holding of Roberts, and remand this case to the trial court for further proceedings.

OTT, C.J., and GRIMES, J., concur.

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  • Peak v. State, 647 So. 2d 164 (Fla. 2d DCA 1994)
    …to Mr. Peak filing a motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.850 “demonstrating that a manifest injustice occurred because the trial court failed to establish a factual basis for his pleas.” Yarish v. State, 420 So. 2d 649 (Fla. 2d DCA 1982). Affirmed. RYDER, A.C.J., and PATTERSON and LAZZARA, JJ., concur.…
  • Eisaman v. State, 440 So. 2d 470 (Fla. 5th DCA 1983)
    …he absence of a showing that withdrawal is necessary to correct a manifest injustice. Williams v. State, 316 So. 2d 649 (Fla.1975). This showing should be made by motion for relief under Florida Rule of Criminal Procedure 3.850. See Yarish v. State, 420 So. 2d 649 (Fla. 2d DCA 1982). Where the factual basis developed at the plea hearing is supportive of the charge, but the trial court has failed to make extensive inquiry into a possible defense which is raised in the proceeding, remand is required in order t…

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