ORANGE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, ET AL., APPELLANTS,
v.
BUTLER ESTATES CORPORATION ET AL., APPELLEES
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Florida appellate court affirmed that a property classification was confiscatory and required rezoning to P-D classification, but modified the judgment to remove language directing rezoning "in accordance with" the applicant's specific proposal, as such direction would improperly encroach on municipal legislative power.
A trial court may order a municipality to rezone property to a specified classification when the original zoning is confiscatory, but cannot direct rezoning "in accordance with" the applicant's specific proposal, as that constitutes an improper judicial encroachment on municipal legislative power.
[1] A municipality may be ordered to rezone confiscatory property to a specified classification, but a court cannot direct rezoning "in accordance with" the applicant's speci…
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Join FLexlaw to unlock all legal intelligenceOrange County classified Butler Estates Corporation's property in a manner the trial court found to be confiscatory. The trial court directed the coun…
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PER CURIAM.
Upon review and consideration of the briefs, oral argument and the record on appeal we are of the opinion that the appellant has failed to demonstrate reversible error, and the appellees carried their burden below of showing that the classification set by the appellant was confiscatory and not within the fairly debatable rule. City of Miami v. Schutte, Fla.App. 1972, 262 So. 2d 14.
Although the final judgment directing appellant to rezone appellees’ property to a zoning classification no less liberal than a P-D zoning classification is not a judicial assumption of a legislative power, we are of the view that to direct the appellant to rezone such property “in accordance with the (appellees’) application” does, indeed, constitute an encroachment upon the exercise of the legislative power of the appellant. See Dade County v. Friedman, Third District Court of Appeal Case, 301 So. 2d 777, opinion filed October 15, 1974; City of Miami Beach v. Weiss, Fla.1969, 217 So. 2d 836; see also William Murray Bldrs., Inc. v. City of Jacksonville, Fla.App.1971, 254 So. 2d 364; Manilow v. City of Miami Beach, Fla.App.1968, 213 So. 2d 589; Metropolitan Dade County v. Pierce, Fla.App.1970, 236 So. 2d 202; Stokes v. City of Jacksonville, Fla.App. 1973, 276 So. 2d 200.
Accordingly, the final judgment is affirmed, as modified, and the cause remanded to the trial court with the respectful direction to delete the aforementioned language and to otherwise revise the final judgment consistent herewith.
Affirmed, as modified.
OWEN, C. J., and CROSS and MA-GER, JJ., concur.
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Palm Beach Cnty. v. Tinnerman, 517 So. 2d 699 (Fla. 4th DCA 1987)…rs doctrine. City of Miami Beach v. Weiss, 217 So. 2d 836 (Fla.1969). Our instruction to the contrary in Rural New Town is obviously of no efficacy in view of the supreme court’s clear mandate in Weiss. As we said in Orange County v. Butler Estates, 303 So. 2d 66, 67 (Fla. 4th DCA 1974), “to direct the appellant to rezone such property ‘in accordance with the (appellees’) application’ does, indeed, constitute an encroachment upon the exercise of the legislative power of the appellant.” The petition for writ…
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Cooper City v. Howard E. Burgess for the proposed First W. Bank of Broward Cnty., 340 So. 2d 929 (Fla. 4th DCA 1976)…Upon due consideration we are of the opinion that the trial court erred in directing the rezoning of plaintiff’s property from the classification of P-1 to a classification of B-l.1 Cf. Orange County v Butler Estates Corporation, Fla.App.4th 1974, 303 So. 2d 66. A review of the record reflects that the plaintiff failed to carry the burden of clearly demonstrating that the existing P-1 classification was not fairly debatable. Rural New Town, Inc. v. Palm Beach County, Fla.App.4th 1975, 315 So. 2d 478; see…
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Orange Cnty. v. Butler Ests. Corp., 328 So. 2d 864 (Fla. 4th DCA 1976)…confiscatory and directed the county to rezone the property to no less liberal a zoning classification than P-D, in accordance with the property owner’s application. On appeal this court, in Orange County v. Butler Estates Corporation, Fla.App.1974, 303 So. 2d 66, affirmed the judgment of the trial court as modified — the modification being the deletion of the words “in accordance with the [appellees’] application.” Upon remand the trial court ordered the county to rezone the property to a classification no…1 / 2
Authorities Cited
- Manilow v. City OF Miami Beach, 213 So. 2d 589 (Fla. 3d DCA 1968)
- Commercial Carrier Corp. v. Mayo, 217 So. 2d 836 (Fla. 1969)
- City OF Miami Beach v. Weiss, 217 So. 2d 836 (Fla. 1969)
- William Murray Builders, Inc. v. City OF Jacksonville, 254 So. 2d 364 (Fla. 1st DCA 1971)
- City OF Miami v. Schutte, 262 So. 2d 14 (Fla. 3d DCA 1972)
- Metro. Dade Cnty. v. Pierce, 236 So. 2d 202 (Fla. 3d DCA 1970)
- Stokes v. The City OF Jacksonville, 276 So. 2d 200 (Fla. 1st DCA 1973)
- Bingham v. State, 276 So. 2d 200 (Fla. 1st DCA 1973)
- Whitten v. State, 301 So. 2d 777 (Fla. 1974)