HERBERT LANDRUM, APPELLANT,

v.

SOUTH DADE HEALTHCARE GROUP, LTD., D/B/A DEERING HOSPITAL, GUIDO URIZAR, M.D., AND GUIDO URIZAR, M.D., P.A., APPELLEES

Citator

Cited By

• Auerbach v. City OF Miami, 929 So. 2d 693 (Fla. 3d DCA 2006)
  …le or incapable of yielding a reasonable return when used pursuant to the applicable zoning regulations.”); Herrera, 600 So. 2d at 562; Bernard v. Town Council of Palm Beach, 569 So. 2d 853 (Fla. 4th DCA 1990); see also Miami-Dade County v. Brennan, 802 So. 2d 1154, 1155 n. 2 (Fla. 3d DCA 2001)(Fletcher, J., concurring). As in numerous prior cases, therefore, including many, like this one, on “second-tier” review of a circuit court decision, quashal of the variance is required. See City of Jacksonville v. Tay…
• Miami-Dade Cnty. v. Omnipoint Holdings, Inc., 811 So. 2d 767 (Fla. 3d DCA 2002)
  …e. . As to Omnipoint’s request for a non-use variance, the language of section 33-311(A)(4)(b) of the code (governing non-use variances) is also unconstitutional. See the discussion thereof in the concurring opinion in Miami-Dade County v. Brennan, 802 So. 2d 1154 (Fla. 3d DCA 2001).…
• Fine v. City OF Coral Gables, 958 So. 2d 433 (Fla. 3d DCA 2007)
  …early was not error, as our review of the petition filed by the Fines reflects that no response was necessary as the Fines failed to establish an “unnecessary hardship,” an essential element when seeking a variance. See Miami-Dade County v. Brennan, 802 So. 2d 1154, 1155 (Fla. 3d DCA 2001). “ ‘Unnecessary hardship’ has generally been defined as a non-self created characteristic of the property in question which renders it virtually impossible to use the land for the purpose or in the manner for which it is zon…

Authorities Cited

• Tanner v. Ellie Hartog, M.D., 618 So. 2d 177 (Fla. 1993)
• Hankey v. Susan Yarian, M.D., 755 So. 2d 93 (Fla. 2000)
• Ondo v. F. Gary Gieseke, P.A., 697 So. 2d 921 (Fla. 4th DCA 1997)
• Lipshaw v. Pinosky, Pinosky, P.A., 442 So. 2d 992 (Fla. 3d DCA 1983)
• Wagshul v. Lipshaw, 464 So. 2d 551 (Fla. 1985)