MIAMI BEACH HOMEOWNERS ASSOCIATION, INC., PETITIONER,
v.
CITY OF MIAMI BEACH, FLORIDA, RESPONDENT
PER CURIAM.
The petitioner has standing to challenge only the procedural legality, rather than the wisdom of the municipal decision below. Save Brickell Ave., Inc. v. City of Miami, 395 So. 2d 246 (Fla. 3d DCA 1981); Save Brickell Ave., Inc. v. City of Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981). On that issue, it has failed completely to establish, as it argues, that the Appellate Division of the Circuit Court departed from the essential requirements of the law in concluding that the Miami Beach City Commission had properly effected an abandonment of the city’s air rights over a particular street by resolution, rather than by ordinance. In accordance with City of Deer-field Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982), the petition for writ of certiorari is therefore denied.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peacock v. City OF Miami & Coconut Grove Civic Club, 646 So. 2d 291 (Fla. 3d DCA 1994)…85 So. 2d 129, 130 (Fla. 3d DCA 1980). The Club in this case, a representative association, lacks standing to challenge the Board’s decision bn any ground other than procedural irregularity. Miami Beach Homeowners Ass’n, Inc. v. City of Miami Beach, 579 So. 2d 920 (Fla. 3d DCA 1991); Save Brickell Ave., Inc. v. City of Miami, 395 So. 2d 246 (Fla. 3d DCA 1981); Save Brickell Ave., Inc. v. City of Miami 393 So. 2d 1197 (Fla. 3d DCA 1981). Because the Club makes no allegations of any procedural irregularity, the…
Authorities Cited
- City OF Deerfield Beach v. Vaillant, 419 So. 2d 624 (Fla. 1982)
- Valero v. State, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Save Brickell Ave., Inc. v. The City OF Miami, 393 So. 2d 1197 (Fla. 3d DCA 1981)
- Save Brickell Ave., Inc. v. The City OF Miami, 395 So. 2d 246 (Fla. 3d DCA 1981)