THE CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, APPELLANT,
v.
DAN G. WHEELER, SR., AND RENA M. WHEELER, HIS WIFE, APPELLEES
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The appellate court affirmed a lower court's judgment invalidating a city's zoning ordinance as applied to a specific property, finding the trial court's factual findings supported the legal conclusion.
Yes, the trial court's factual findings, supported by evidence, remove the case from the "fairly debatable" rule, thus upholding the lower court's judgment.
“The findings of the trial judge effectively remove this appeal from the holding in the cited and similar cases.”
This quote establishes that the specific factual findings made by the trial court were crucial in distinguishing this case from precedents that uphold zoning under the 'fairly debatable' rule.
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Join FLexlaw to unlock all legal intelligenceThe City of Miami appealed a judgment that declared its zoning ordinance invalid as applied to the plaintiff's property. The trial judge, after hearin…
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The City of Miami appeals from a judgment for the plaintiff in a cause brought to declare existing zoning invalid as it applied to plaintiff’s property. The trial judge who heard the testimony made extensive findings of fact. The findings are supported by the evidence.
The City challenges the sufficiency of these facts to support the legal conclusion reached. It urges that the legality of the existing zoning is a question which falls within the fairly debatable rule. See City of Miami Beach v. Lachman, Fla.1954, 71 So.2d 148; City of St. Petersburg v. Aikin, Fla.1968, 217 So.2d 315.
The findings of the trial judge effectively remove this appeal from the holding in the cited and similar cases. We hold that the instant case is governed by the law as set forth in Kugel v. City of Miami Beach, Fla.App.1968, 206 So.2d 282.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City of Miami Beach v. Lachman, 71 So. 2d 148 (Fla. 1953)
- City OF ST. Petersburg v. Aikin, 217 So. 2d 315 (Fla. 1968)
- Kugel v. City OF Miami Beach, 206 So. 2d 282 (Fla. 3d DCA 1968)