J. GWYNN PARKER AND CLARICE P. CALE, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF EUNICE P. ANDERSON, DECEASED, AND CENTURY DEVELOPMENT OF TALLAHASSEE, INC., APPELLANTS,
v.
LEON COUNTY, APPELLEE
J. GWYNN PARKER AND CLARICE P. CALE, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF EUNICE P. ANDERSON, DECEASED, AND CENTURY DEVELOPMENT OF TALLAHASSEE, INC., APPELLANTS,
LEON COUNTY, APPELLEE
601 So. 2d 1223
Florida District Court of Appeal, First District (1992)
Negative Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Emerald Acres Investments, Inc. v. Leon County, 601 So. 2d 577 (Fla. 1st DCA 1992).
BARFIELD, ALLEN and KAHN, JJ., concur.
Other
ON MOTION FOR REHEARING
In response to appellant’s Motion for Rehearing (with en banc request) and Motion for Certification of Question, we certify to the Florida Supreme Court the following question of great public importance:
WHETHER THE RIGHT TO PETITION FOR COMMON LAW CERTIORARI IN THE CIRCUIT COURTS OF THE STATE IS STILL AVAILABLE TO A LANDOWNER/PETITIONER WHO SEEKS APPELLATE REVIEW OF A LOCAL GOVERNMENT DEVELOPMENT ORDER FINDING COMPREHENSIVE PLAN INCONSISTENCY, NOTWITHSTANDING SECTION 163.-3215, FLORIDA STATUTES (1989)?
The motion is otherwise denied.
BARFIELD, ALLEN and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parker v. Leon Cnty., 627 So. 2d 476 (Fla. 1993)…GRIMES, Justice. We have for review Emerald Acres Investments, Inc. v. Board of County Commissioners, 601 So. 2d 577 (Fla. 1st DCA 1992), and Parker v. Leon County, 601 So. 2d 1223 (Fla. 1st DCA 1992), in which the First District Court of Appeal certified the following question as being of great public importance: WHETHER THE RIGHT TO PETITION FOR COMMON LAW CERTIORARI IN THE CIRCUIT COURTS OF THE STATE IS STILL AVAILABLE TO…
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City OF Pompano Beach v. Yardarm Rest., Inc., 641 So. 2d 1377 (Fla. 4th DCA 1994)…sed on the denial of a permit are appropriate where the evidence shows that a city intends to deny all permits ■for development as an indirect method of dedicating property to a public purpose. See, e.g., Vatalaro v. Department of Envtl. Regulation, 601 So. 2d 1223 (Fla. 5th DCA) (holding permit denial was taking requiring compensation where language used in denying permit made it clear that only use for ecologically sensitive land was to look at it), review denied, 613 So. 2d 3 (Fla.1992).10 A “taking” may al…
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Taylor v. Vill. OF N. Palm Beach, 659 So. 2d 1167 (Fla. 4th DCA 1995)…case is that it does not involve a concrete development proposal for the property. Plaintiff is taking the position that the mere enactment of the plan constituted a taking. Unlike the plaintiff in Vatalaro v. Department of Environmental Regulation, 601 So. 2d 1223 (Fla. 5th DCA 1992), Plaintiff has not actually sought a permit or approval from any agency for a proposed development. It is difficult to speculate on what type of development might be allowed by Defendant or whether any other regulatory entities w…
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- Emerald Acres Invs., Inc. v. The Bd. OF Cnty. Comm'rs OF Leon Cnty., 601 So. 2d 577 (Fla. 1st DCA 1992)