F. ROUSE SMITH AND ANNIE LOYS SMITH, HIS WIFE, DEMARIS INVESTING CO., A FLORIDA CORPORATION, AND ALFRED DEMARIS AND INEZ DEMARIS, HIS WIFE, PETITIONERS,
v.
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, RESPONDENT
F. ROUSE SMITH AND ANNIE LOYS SMITH, HIS WIFE, DEMARIS INVESTING CO., A FLORIDA CORPORATION, AND ALFRED DEMARIS AND INEZ DEMARIS, HIS WIFE, PETITIONERS,
CITY OF MIAMI BEACH, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, RESPONDENT
220 So. 2d 624
Florida District Court of Appeal, Second District (1969)
Negative Treatment
Cited by 12 cases
Opinion of the Court
Certiorari was granted in this case because of conflict between the decision here involved, Fla.App. 213 So.2d 281, and the decision of the District Court of Appeal, Second District, in City of St. Petersburg v. Aikin, 208 So.2d 268. The decision in the Aikin case has been quashed by this court in a decision which became effective subsequent to granting of certiorari. See City of St. Petersburg v. Aikin, Fla., 217 So.2d 315.
No conflict now existing, it is ordered that the writ heretofore issued be and the same is hereby
Discharged.
ROBERTS, Acting C. J., and DREW, THORNAL, CARLTON and ADKINS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co., 553 So. 2d 1227 (Fla. 3d DCA 1989)…14 (Fla. 3d DCA 1972); Larkins v. Metropolitan Dade County, 237 So. 2d 343 (Fla. 3d DCA 1970); Metropolitan Dade County v. Greenlee, 224 So. 2d 781 (Fla. 3d DCA 1969); Smith v. City of Miami Beach, 213 So. 2d 281 (Fla. 3d DCA 1968), writ discharged, 220 So. 2d 624 (Fla.1969). . Lambros, Inc. v. Town of Ocean Ridge, Fla., 392 So. 2d 993, 994 (Fla. 4th DCA 1981); Rural New Town, Inc. v. Palm Beach County, 315 So. 2d 478, 480 (Fla. 4th DCA 1975). . Harrell’s Candy Kitchen, Inc. v. Sarasota-Mahatee Airport Auth…
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The City OF Miami Beach v. Buckley, 363 So. 2d 360 (Fla. 3d DCA 1978)…of Miami Beach, 242 So. 2d 481 (Fla.3d DCA 1971) that “there was no probability shown that this property would be rezoned to permit a higher economic use.” See also Smith v. City of Miami Beach, 213 So. 2d 281 (Fla.3d DCA 1968), cert. discharged, 220 So. 2d 624 (Fla.1969). Also, unlike the case of Board of Commissioners of State Institutions v. Tallahassee Bank and Trust Company, 108 So. 2d 74 (Fla.1st DCA 1958), 6supra, there is no finding of “bad faith” or “conspiracy” on the part of the City. For the a…
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Trachsel v. The City OF Tamarac, 311 So. 2d 137 (Fla. 4th DCA 1975)…plication of the “fairly debatable” rule and conclude that the evidence was fairly debatable so as to sustain the zoning regulations involved. In the other two cases, Smith v. City of Miami Beach, Fla.App.1968, 213 So. 2d 281, cert. disch. Fla.1969, 220 So. 2d 624, and Town of Surfside v. Abelson, Fla.App.1958, 106 So. 2d 108, the failure to show changed circumstances was cited as fatal to the landowners’ rezoning request, but only because, in both of these cases, there had been prior court proceedings in whi…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF ST. Petersburg v. Aikin, 217 So. 2d 315 (Fla. 1968)
- Smith v. City OF Miami Beach, 213 So. 2d 281 (Fla. 3d DCA 1968)
- City OF ST. Petersburg v. Aikin, 208 So. 2d 268 (Fla. 2d DCA 1968)