JOEL W. ROBBINS, AS PROPERTY APPRAISER OF DADE COUNTY, FLORIDA, APPELLANT,
v.
MARTIN A. TABOR, SAM D. ALEXANDER, ACTING DIRECTOR OF THE DEPARTMENT OF REVENUE, APPELLEES
JOEL W. ROBBINS, AS PROPERTY APPRAISER OF DADE COUNTY, FLORIDA, APPELLANT,
MARTIN A. TABOR, SAM D. ALEXANDER, ACTING DIRECTOR OF THE DEPARTMENT OF REVENUE, APPELLEES
573 So. 2d 207
Florida District Court of Appeal, Third District (1991)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The issue in this case is whether a taxpayer is entitled to an agricultural classification of property for tax purposes by virtue of its use for agriculture, where the property is zoned for commercial,, nonagricultural use. On the authority of Robbins v. Yusem, 559 So. 2d 1185 (Fla. 3d DCA) (unlawful physical agricultural use, inconsistent with permitted zoning, precludes agricultural tax classification), rev. denied, 569 So. 2d 1282 (Fla.1990), we reverse the judgment on the pleadings which dismissed the Property Appraiser’s complaint with prejudice.
Reversed and remanded for further proceedings.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kogan v. Robbins, 594 So. 2d 355 (Fla. 3d DCA 1992)…2d 1185 (Fla. 3rd D.C.A.1990), rev. denied, 569 So. 2d 1282 (Fla.1990), which held that a use of property in violation of zoning laws cannot be considered as a use in “good faith” qualifying a taxpayer for a tax exemption. See also Robbins v. Tabor, 573 So. 2d 207 (Fla. 3rd D.C.A. 1991). Based upon the Affidavits presented, the documents filed with the Court, and the authority of Yusem and Tabor, Final Summary Judgment is granted for the Property Appraiser and against the Taxpayer and the decisions of the Pr…
Authorities Cited
- Robbins v. Yusem, 559 So. 2d 1185 (Fla. 3d DCA 1990)