STEPHEN B. IRVINE, PETITIONER,
v.
DUVAL COUNTY PLANNING COMMISSION AND THE CITY OF JACKSONVILLE, RESPONDENTS
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PER CURIAM.
The judgment and decision of this court filed March 12, 1985, and reported at 466 So. 2d 357, wherein the petition for writ of certiorari filed by petitioner, Stephen B. Irvine, was denied, has been reviewed by the Supreme Court of Florida by discretionary review proceedings. The decision of that court, filed October 2, 1986, and re ported at 495 So. 2d 167, quashed this court’s decision and remanded this case for further proceedings. The mandate of the Supreme Court has now been filed with this court.
Upon consideration of the mandate, it is ordered that the judgment and opinion of this court filed March 12, 1985, is hereby set aside and held for naught, and the opinion and judgment of the Supreme Court, filed October 2, 1986, and the dissenting opinion of Judge Zehmer, reported at 466 So. 2d 362, is adopted as this court’s opinion and judgment. We grant the petition for writ of certiorari, quash the order of the Circuit Court of Duval County denying petitioner relief, and remand to that court with directions to quash the order of the Duval County Planning Commission denying petitioner’s application for a zoning exception and to order said commission to hold a hearing de novo on the petitioner’s application, or to grant the requested special zoning exception in accordance with the opinion and mandate of this court.
SMITH, JOANOS and ZEHMER, JJ., concur.
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Broward Cnty. v. G.B.V. Int'l, Ltd., 787 So. 2d 838 (Fla. 2001)…iderations. Irvine v. Duval County Planning Comm’n, 466 So. 2d 357, 366 (Fla. 1st DCA 1985) (Zehmer, J., dissenting), quashed, So. 2d 167 (Fla.1986) (agreeing with je Zehmer’s dissenting opinion con-iing burden of proof in zoning cases), on remand, 504 So. 2d 1265, 1267 (Fla. 1st DCA 1986) (adopting Judge Zehmer’s dissenting opinion as the court’s opinion and judgment). Shortly after Snyder, one commentator enunciated the reasons for requiring written findings, including enhanced public understanding of rezo…
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Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty., 595 So. 2d 65 (Fla. 5th DCA 1991)…ranting a conditional use permit is a quasi-judicial action (administrative)); Irvine v. Duval County Planning Commission, 466 So. 2d 357 (Fla. 1st DCA 1985) (Zehmer, J. dissenting), dissent approved, 495 So. 2d 167 (Fla.1986), adopted after remand, 504 So. 2d 1265 (Fla. 1st DCA 1986); Planning Commission of City of Jacksonville v. Brooks, 579 So. 2d 270 (Fla. 1st DCA 1991) (in special exception cases commission functions in administrative manner). . Rathkopf, The Law of Zoning and Planning, § 27A-4 (4th Ed.1…1 / 2
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Gomez v. City OF ST. Petersburg, 550 So. 2d 7 (Fla. 2d DCA 1989)…is more extensive than the burden upon a party seeking a permissible use by special exception. Irvine v. Duval County Planning Comm’n, 466 So. 2d 357, 364 (Fla. 1st DCA 1985) (Zehmer, J., dissenting), quashed, 495 So. 2d 167 (Fla.), dissent adopted, 504 So. 2d 1265 (Fla. 1st DCA 1986). The Board of Adjustment in this case simply found that Mrs. Gomez’s proof was insufficient to support her claim for a variance. While there surely was evidence supporting Mrs. Gomez’s claim, the circuit court was entitled to rev…
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- Irvine v. Duval Cnty. Planning Comm'n, 495 So. 2d 167 (Fla. 1986)
- Irvine v. Duval Cnty. Planning Comm'n & the City Of Jacksonville, 466 So. 2d 357 (Fla. 1st DCA 1985)