S. P. J. CORPORATION, A FLORIDA CORPORATION AND WELLINGTON INDUSTRIES, INC., A FLORIDA CORPORATION, PETITIONERS,
v.
MILTON KELNER ET AL., RESPONDENTS
S. P. J. CORPORATION, A FLORIDA CORPORATION AND WELLINGTON INDUSTRIES, INC., A FLORIDA CORPORATION, PETITIONERS,
MILTON KELNER ET AL., RESPONDENTS
268 So. 2d 373
Florida Supreme Court (1972)
Positive Treatment
Cited by 4 cases
Opinion of the Court
This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Third District, reported at 252 So.2d 870. Petition for writ of certiorari was granted, without argument, based on decisional conflict on the question of standing to challenge the legality of a zoning ordinance. That conflict has since been resolved in the recent decision of this Court in Renard v. Dade County.1 The opinion of this Court in the Renard case supports the majority view in the decision herein sought to be reviewed.
Accordingly, the decision under review is approved and the writ discharged.
It is so ordered.
ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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David v. City OF Dunedin, 473 So. 2d 304 (Fla. 2d DCA 1985)…izen, or property owner of governmental unit in question has standing to challenge zoning ordinance which is void because not properly enacted); Kelner v. City of Miami Beach, 252 So. 2d 870 (Fla. 3d DCA 1971), aff'd sub nom. S.P.J. Corp. v. Kelner, 268 So. 2d 373 (Fla.1972) (property owners could seek to challenge allegedly invalid variances and building permits via injunctive relief even though special damages were not alleged). Appel-lees do not contend that appellants are not property owners or citizens w…
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Alpha R. Dowd v. Monroe Cnty., 557 So. 2d 63 (Fla. 3d DCA 1990)…propriately subject to the declaratory relief sought below. Thompson v. Planning Comm'n of Jacksonville, 464 So. 2d 1231 (Fla. 1st DCA 1985); Kelner v. City of Miami Beach, 252 So. 2d 870 (Fla. 3d DCA 1971), approved sub nom. S.P.J. Corp. v. Kelner, 268 So. 2d 373 (Fla.1972); Keay v. City of Coral Gables, 236 So. 2d 133 (Fla. 3d DCA 1970). This conclusion is not decisive, however, because even were the complaint treated as a petition for certiorari — which is permissible since the complaint was filed less tha…
Authorities Cited
- Renard v. Dade Cnty., 261 So. 2d 832 (Fla. 1972)
- Franco, Inc. v. Leroy X. McGRATH in Bankr. for Invs. Disc. Corp., 252 So. 2d 870 (Fla. 3d DCA 1971)