WILLIAM BOWEN AND WAYNE WOODARD, APPELLANTS,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Irvine v. Duval Cnty. Planning Comm'n & the City Of Jacksonville, 466 So. 2d 357 (Fla. 1st DCA 1985)
  …. 2 Yokley, Zoning Law and Practice (Third Edition), § 15-1, pp. 124, 125. [*361] Furthermore, we find Florida cases illustrating the view that the burden of proof may. indeed be placed upon the applicant for the exception. Pylant v. Orange County, 328 So. 2d 199 (Fla.1976); Board of County Commissioners v. First Free Will Baptist Church, 374 So. 2d 1055 (Fla. 3d DCA 1979). Therefore, in the absence of a showing that the Commission acted contrary to the requirements of the zoning ordinance by which the proce…

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• Jacquelyn Renee Town v. State of Fla. ex rel. Janet Reno, 377 So. 2d 648 (Fla. 1979)
  …zone this property. Further, the land was so zoned prior to its purchase for church purposes. The authority of a city or county to reasonably regulate the location of churches has previously been approved by this Court. See Pyland v. Orange County, 328 So. 2d 199 (Fla.1976); United Lutheran Church of the Epiphany v. City of Miami Beach, 82 So. 2d 880 (Fla.1955). Under the circumstances set forth in this record, we believe the temporary injunction prohibiting the use of the property identified as 43 Star Isla…
• Sarasota Cnty. v. Purser, 476 So. 2d 1359 (Fla. 2d DCA 1985)
  …CA 1981); Rural New Town, Inc. v. Palm Beach County, 315 So. 2d 478, 480 (Fla. 4th DCA 1975). However, the Florida Supreme Court has ruled that a statute which places the burden of proof upon the applicant is constitutional. Pylant v. Orange County, 328 So. 2d 199, 201 (Fla.1976). [*1361] The First District has also recognized that an ordinance may cast the burden of proof upon either the applicant or the zoning authorities. Irvine, 466 So. 2d at 361. Under section 20 of the Sarasota County Zoning Code, a sp…

Authorities Cited

• Johnson v. State, 314 So. 2d 573 (Fla. 1975)