COOPER CITY, A FLORIDA MUNICIPAL CORPORATION, APPELLANT,
v.
HOWARD E. BURGESS, AS TRUSTEE FOR THE PROPOSED FIRST WESTERN BANK OF BROWARD COUNTY, APPELLEE
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The trial court erred in directing the rezoning of plaintiff's property because the plaintiff failed to demonstrate that the existing classification was not fairly debatable.
Plaintiff sought to rezone their property from P-1 to B-1 classification. The trial court directed the rezoning.…
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PER CURIAM.
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 City of St. Petersburg v. Aikin, Fla. 1968, 217 So. 2d 315; City of Miami Beach v. Weiss, Fla.1969, 217 So. 2d 836; Mayflower Property, Inc. v. Watson, Fla.1970, 233 So. 2d 390; Burritt v. Harris, Fla.1965, 172 So. 2d 820; see also Davis v. Sails, Fla.App. 1st 1975, 318 So. 2d 214.
Accordingly, the final judgment is vacated and set aside and the cause remanded for further proceedings not inconsistent herewith.
Reversed.
MAGER and DOWNEY, JJ., and BAS-KIN, NATALIE, Associate Judge, concur. . The fact that it. might appear that the highest and best use of the property in question would be B-l commercial classification for the purpose of constructing a bank does not mandate a rezoning to that classification. Hay flower Property, Inc. v. Watson, Fla. 1970, 233 So. 2d 390.
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S. A. Healy Co. v. Town OF Highland Beach, 355 So. 2d 813 (Fla. 4th DCA 1978)…essary to the constitutional validity of a zoning ordinance that it permit the highest and best use of a particular property. County of Brevard v. Woodham, supra, Mayflower Property, Inc. v. Watson, 233 So. 2d 390 (Fla.1970), Cooper City v. Burgess, 340 So. 2d 929 (Fla. 4th D.C.A.1977). A zoning ordinance is only confiscatory if it deprives an owner of the beneficial use of his property by precluding all uses to which the property might be put. Forde v. City of Miami Beach, 146 Fla. 676, 1 So. 2d 642 (1941),…
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Dade Cnty. v. United Res., Inc., 374 So. 2d 1046 (Fla. 3d DCA 1979)…d City of Miami v. Zorovich, 195 So. 2d 31 (Fla. 3d DCA 1967). It is not necessary to the constitutional validity of the zoning resolution that it permit the highest and best use of a particular piece of property. See, e. g., Cooper City v. Burgess, 340 So. 2d 929 (Fla. 4th DCA 1977); and County of Brevard v. Woodham, 223 So. 2d 344 (Fla. 4th DCA 1969). We note that the Commission in this case acted in accordance with the recommendations of its professional staff, i. e. the DIC. This recommendation was part o…
Authorities Cited
- Withrow v. Albert E. Perron & the Fla. Indus. Comm'n, 172 So. 2d 820 (Fla. 1965)
- City OF ST. Petersburg v. Aikin, 217 So. 2d 315 (Fla. 1968)
- Rural NEW Town, Inc. v. Palm Beach Cnty., 315 So. 2d 478 (Fla. 4th DCA 1975)
- Davis v. Sails, 318 So. 2d 214 (Fla. 1st DCA 1975)
- Commercial Carrier Corp. v. Mayo, 217 So. 2d 836 (Fla. 1969)
- City OF Miami Beach v. Weiss, 217 So. 2d 836 (Fla. 1969)
- Mayflower Prop., Inc. v. Welcom Watson, 233 So. 2d 390 (Fla. 1970)
- Orange Cnty. v. Butler Ests. Corp., 303 So. 2d 66 (Fla. 4th DCA 1974)