PARKWAY TOWERS CONDOMINIUM ASSOCIATION AND W. R. GRACE PROPERTIES, INC., PETITIONERS,
v.
METROPOLITAN DADE COUNTY, RESPONDENT
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The Florida Supreme Court discharged its writ of certiorari in a zoning dispute involving a county prisoner holding and work release facility. The court found no direct conflict of decisions warranting intervention and determined that stopping construction would serve no practical purpose since the Metro County Commission had already twice approved the project despite lack of a zoning waiver.
The court discharged the writ of certiorari, finding no direct conflict of decisions justifying its intervention. The court determined that stopping construction would serve no useful purpose and would only cause needless expense since the Commission had already resolved to proceed.
[1] Certiorari jurisdiction is not warranted when there is no direct conflict between decisions of the District Courts of Appeal.
[2] A court may discharge a writ of certiorari if its issuance is deemed improvident.
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Join FLexlaw to unlock all legal intelligence“on at least two occasions public hearings were held by the Metro County Commission on the question whether the construction of the subject holding facility for prisoners and the work release facility should go forward in the absence of a waiver therefor in the zoning ordinance and in each instance it was agreed by the Commission the construction should proceed”
Establishes the factual foundation for the court's decision that the Commission had already twice authorized the project
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Join FLexlaw to unlock all legal intelligenceThe Metropolitan Dade County Commission held public hearings on whether to construct a prisoner holding facility and work release facility without a z…
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PER CURIAM.
After hearing oral argument and carefully studying the briefs filed by counsel in this case, we are of the opinion that there is no direct conflict justifying our taking certiorari conflict jurisdiction to review the decision of the District Court of Appeal, Third District, in Metropolitan Dade County v. Parkway Towers Condominium Ass’n (Fla.App.1973), 281 So. 2d 68.
In this case it appears that on at least two occasions public hearings were held by the Metro County Commission on the question whether the construction of the subject holding facility for prisoners and the work release facility should go forward in the absence of a waiver therefor in the zoning ordinance and in each instance it was agreed by the Commission the construction should proceed. This being so, we feel no useful or practical purpose would be served in interrupting and delaying the construction until a zoning change is effected retroactively to accommodate the Commission’s expressly resolved purpose when considered in connection with the fact that no direct conflict of decisions appears. To interrupt the construction now would cause needless expense and damage with no prospect or likelihood that the Commission would reach a different final result.
Although we now consider our issuance of the writ of certiorari to have been improvident in this case, which results in our discharge thereof, it is nevertheless our view prospectively that zoning variations to accommodate county or municipal facility purposes should either have been anticipated in zoning ordinances before construction or operation of such facilities is com menced or, if this has not been done, construction should not be undertaken thereof until after due modification or change therefor is made in existing zoning ordinances.
The writ is discharged and it is so ordered.
ADKINS, C. J., and ROBERTS, ERVIN, BOYD and DEKLE, JJ., concur.
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Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc., 656 So. 2d 1300 (Fla. 3d DCA 1995)…er within the trial court’s sound discretion....”); Metropolitan Dade County v. Parkway Towers Condominium Ass’n, 281 So. 2d 68, 69 (Fla. 3d DCA 1973) (“[T]he fixing of the amount of an injunction bond is a discretionary matter.”), cert. discharged, 295 So. 2d 295 (Fla.1974). A one million dollar bond was clearly not an abuse of discretion, since this represents the difference between Medical Facilities’ offer for the property (5.5 million), and the subsequent offer LACPI received (6.5 million).8 The trial c…
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Livingwell (South), Inc. v. Rumabar, Inc., 519 So. 2d 639 (Fla. 3d DCA 1987)…pun, 330 So. 2d 561 (Fla. 3d DCA 1976). CAM Corp. v. Goldberger, 368 So. 2d 56 (Fla. 4th DCA), cert. denied, 378 So. 2d 343 (Fla.1979); Metropolitan Dade County v. Parkway Towers Condominium Ass’n, 281 So. 2d 68 (Fla. 3d DCA 1973), cert. discharged, 295 So. 2d 295 (Fla.1974).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Metro. Dade Cnty. v. Parkway Towers Condo. Ass'n, 281 So. 2d 68 (Fla. 3d DCA 1973)