JACK MARTIN ET AL., APPELLANTS,
v.
FIRST APOSTOLIC CHURCH, AN UNINCORPORATED ASSOCIATION, APPELLEE
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PER CURIAM.
Appellants, constituting the Board of County Commissioners of Orange County, Florida, appeal final judgment entered in favor of appellee, First Apostolic Church, directing the Board of County Commissioners to grant appellee’s application for a special exception to build a church, a permissive use on a parcel of land the church owned.
Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine there was sufficient competent evidence before the commissioners to support denial of appel-lee’s application for a special exception. It is not the function of a reviewing court on a petition for a writ of certiorari to reweigh the evidence, as the lower court in the instant case did, but to review the record brought before it to determine if there had been a departure from the essential requirements of law. De Groot v. Sheffield, 95 So. 2d 912 (Fla.1957).
Accordingly, the final judgment appealed is reversed, and the cause remanded with directions to enter an order denying and dismissing the petition for writ of certiorari.
Reversed and remanded, with directions.
OWEN, CROSS and DOWNEY, JJ„ concur.
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Town OF Indialantic v. Nance, 400 So. 2d 37 (Fla. 5th DCA 1981)…sonable mind would accept to support a conclusion. Compare DeGroot, 95 So. 2d at 916, with Wolff v. Dade County, 370 So. 2d at 841-842. If there was such evidence presented, the authority’s determination must stand. Martin v. First Apostolic Church, 321 So. 2d 471 (Fla.4th DCA 1975). A prerequisite to the granting of a hardship zoning variance is the presence of an exceptional and unique hardship to the individual landowner, unique to that parcel and not shared by other property owners in the area. City of Mi…
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Smith v. The City OF W. Palm Beach, 756 So. 2d 166 (Fla. 4th DCA 2000)…sonable mind would accept to support a conclusion. Compare DeGroot, 95 So. 2d at 916, with Wolff v. Dade County, 370 So. 2d at 841-842. If there was such evidence presented, the authority’s determination must stand. Martin v. First Apostolic Church, 321 So. 2d 471 (Fla. 4th DCA 1975). The circuit court applied the correct law. Therefore, the petition is denied. GUNTHER and STEVENSON, JJ., concur.…
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Shores v. State, 363 So. 2d 353 (Fla. 1st DCA 1978)…PER CURIAM. Petition for writ of certiorari is DENIED. See Martin v. First Apostolic Church, 321 So. 2d 471 (Fla. 4th DCA 1975). McCORD, C. J., and MILLS and ERVIN, JJ., concur.…
Authorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)