GERARD J. SCHAEFER, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GERARD J. SCHAEFER, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
311 So. 2d 137
Florida District Court of Appeal, Fourth District (1975)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Upon review and consideration of the points raised in this appeal we are of the opinion that no reversible error has been demonstrated. In particular, we are satisfied that the defendant was properly charged by information for the commission of a noncapital offense committed at a time when capital crimes were abolished in Florida. Accordingly, the judgment and conviction are affirmed.
Affirmed.
CROSS and MAGER, JJ., and RED-DICK, THOMAS J., Jr., Associate Judge, concur.
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Walker v. Indian River Cnty., 319 So. 2d 596 (Fla. 4th DCA 1975)…ntial competent evidence. City of St. Petersburg v. Aikin, 217 So. 2d 315 (Fla.1968); City of Miami Beach v. Wiesen, 86 So. 2d 442 (Fla.1956); City of Miami Beach v. Ocean & Inland Co., 147 Fla. 480, 3 So. 2d 364 (1941); Trachsel v. City of Tamarac, 311 So. 2d 137 (Fla.App. 4th 1975); and County of Brevard v. Woodham, 223 So. 2d 344 (Fla.App. 4th 1969). Further, the record reflects that the legislative action of the Board of County [*599] Commissioners in rezoning the appellant’s property from C-l to R-l and…1 / 2
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James S. Starkey and wife v. Okaloosa Cnty., 512 So. 2d 1040 (Fla. 1st DCA 1987)…le, 145 So. 2d 233 (Fla.1962); City of Jacksonville v. Culverhouse, 498 So. 2d 618 (Fla. 1st DCA 1986). As a general proposition, a change in conditions in an area is not a prerequisite for rezoning. Oka v. Cole, supra; Trachsel v. City of Tamarac, 311 So. 2d 137 (Fla. 4th DCA 1975). However, when the zoning classification of a parcel has been judicially sanctioned, the courts are bound by the doctrine of res judicata to uphold such classification until a change in conditions warrants a different result. Cit…
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Boca Villas Corp. v. Pence, 45 Fla. Supp. 65 (Fla. Cir. Ct. 1976)…after implementation. Of itself, a loss of property value city-wide (even $50,000,000) is not sufficient to invalidate the Cap. City of Miami Beach v. Wiesen, supra; City of Miami v. Zorovich, 195 So. 2d 31 (Fla. 3rd DCA 1967); Trachsel v. Tamarac, 311 So. 2d 137 (Fla. 4th DCA 1975). However, validity of the Cap city-wide must be assessed in economic terms by balancing public benefit gained against the degree to which individual property rights are affected. Pennsylvania Coal Co. v. Mahon, 260 U. S. 393 (192…
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