SIDNEY PEPPER, HARRY PEPPER AND I. A. DURBIN, APPELLANTS,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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This case involves an appeal from a circuit court's denial of a petition for certiorari, which sought to review a county commission's denial of a zoning change and variance. The appellate court affirmed the circuit court's decision, finding no reversible error.
No, the circuit court did not err in denying the petition for certiorari. The zoning issue was fairly debatable, and there were adequate grounds for the County Commissioners to deny the requested relief.
“the record discloses adequate grounds for denying the requested zoning relief and, at the very least, the zoning issue is fairly debatable.”
This quote summarizes the trial judge's reasoning for denying the petition for certiorari.
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Join FLexlaw to unlock all legal intelligenceThe petitioners applied to the Dade County Commissioners for a zoning boundary change and a variance for their property. The County Commissioners deni…
The full statement of facts, procedural history, and disposition for this case are member content.
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This is an appeal by the petitioner below from an adverse judgment in a certiorari action in the circuit court. The latter proceeding was brought for the purpose of reviewing an administrative ruling by the County Commissioners of Dade County denying the petitioner’s application for a zoning boundary change and a variance, with respect to certain property owned by the petitioner. In his order denying cer-tiorari the trial judge stated he was “of the opinion that the petition was not well taken in that, among other things, the record discloses adequate grounds for denying the requested zoning relief and, at the very least, the zoning issue is fairly debatable.” On inspection of the record, with the benefit of the briefs and arguments of counsel, we conclude that there has been no showing that the trial court departed from essential requirements of law, and that no reversible error has been made to appear. Whereupon, the judgment appealed from is affirmed.
Affirmed.
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