CITY OF MELBOURNE, PETITIONER,
v.
JOSEPH ALBERT PUMA, RESPONDENT

Fla. | 1994-02-03
No. 81652
BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.
630 So. 2d 1097 Florida Supreme Court (1994) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have for review City of Melbourne v. Puma, 616 So. 2d 190 (Fla. 6th DCA 1993). Jurisdiction was initially accepted based on conflict among district courts of appeal. We find that our recent decision in Board of County Commissioners v. Snyder, 627 So. 2d 469 (Fla.1993), resolves the conflict. Accordingly, we remand this case to the court below for further consideration consistent with our opinion in Snyder. It is so ordered.

BARKETT, C.J., and OVERTON, McDonald, shaw, grimes, kogan and HARDING, JJ., concur.


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  • Martin Cnty. v. Melvyn R. Yusem, 690 So. 2d 1288 (Fla. 1997)
    …d on two sides by the Jonathan Dickinson State Park), and the amendment would have created a new category of property under the Plan. Yusem, 664 So. 2d at 977. Further, the district court found support for its decision in City of Melbourne v. Puma, 630 So. 2d 1097 (Fla.1994). In Puma, we accepted jurisdiction over the Fifth District’s decision involving a rezoning from a low-density residential to a commercial classification. See Yusem, 664 So. 2d at 977-78. We remanded Puma for further consideration in light…
  • Martin Cnty. v. Melvyn R. Yusem, 664 So. 2d 976 (Fla. 4th DCA 1995)
    …function. Accordingly, the trial court was required to review the County’s action in a trial de novo under the deferential fairly debatable standard. . The majority suggests that the supreme court’s per curiam opinion in City of Melbourne v. Puma, 630 So. 2d 1097 (Fla.1994), is supportive of this conclusion. In Puma the supreme court simply remanded the case, which involved a plan amendment, “for further consideration consistent with our opinion in Snyder.” In his law review article referenced in the majorit…
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  • City OF Melbourne v. Puma, 635 So. 2d 159 (Fla. 5th DCA 1994)
    …Court remanded our decision in City of Melbourne v. Puma, 616 So. 2d 190 (Fla. 5th DCA 1993), for further consideration consistent with Board of County Commissioners of Brevard County v. Snyder, 627 So. 2d 469 (Fla.1993). City of Melbourne v. Puma, 630 So. 2d 1097 (Fla.1994). After a non-jury trial, the trial court, based upon our decision in Snyder, ordered the City of Melbourne either to grant the request of Joseph Albert Puma to have his property rezoned and the City’s Comprehensive Plan amended accordin…

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