VINCENT J. MORTELLARO, APPELLANT,
v.
AL E. FELLNER, ETC., ET AL., APPELLEES
VINCENT J. MORTELLARO, APPELLANT,
AL E. FELLNER, ETC., ET AL., APPELLEES
276 So. 2d 74
Florida District Court of Appeal, Second District (1973)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant appeals an order of the circuit court sustaining the grant of a height restriction variance by the Board of Adjustment of the Town of North Redington Beach, Florida.
The board’s determination comes to the courts with a presumption of correctness and the courts will not substitute its judgment for that of the board. Troup v. Bird, Fla. 1951, 53 So.2d 717.
We have carefully examined the record on appeal and conclude that the appellant has not overcome this presumption and the court will not substitute its judgment for that of the board. Accordingly, the order appealed is affirmed.
Affirmed.
HOBSON, Acting C. J., and McNULTY, J., and PIERCE, J., (Ret.), concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rinker Materials Corp. v. Citizens & Prop. Owners OF the Seventh Ave. Neighborhood, 313 So. 2d 80 (Fla. 4th DCA 1975)…o conduct a de novo proceeding taking ad [*81] ditional evidence and substituting its own judgment for that of the Board contrary to established precedent. City of Miami v. Loughrey, Fla.App.1964, 166 So. 2d 236; Mortellaro v. Fellner, Fla.App.1973, 276 So. 2d 74. A review of the record reflects that the applicable provisions of the Lake Worth Zoning Ordinance pertaining to the granting of special exceptions was properly followed;1 that the Zoning Board of Appeals’ determination to grant a special exception…
Authorities Cited
- Troup v. Bird, 53 So.2d 717 (Fla. 1951)