WILLIAM RUTHERFORD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1977-08-09
No. 76-960
Before HENDRY, C. J., and PEARSON and BARKDULL, JJ.
349 So. 2d 667 Florida District Court of Appeal, Third District (1977) Negative Treatment
Cited by 47 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Parkin v. State, 238 So. 2d 817 (Fla.1970); Greenfield v. State, 337 So. 2d 1021 (Fla.2d DCA 1976), and Johnson v. State, 338 So. 2d 556 (Fla.Sd DCA 1976).


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  • Graham v. Estuary Props., Inc., 399 So. 2d 1374 (Fla. 1981)
    …eational fishing for the public, the regulation might be a taking. Protection of environmentally sensitive areas and pollution prevention are legitimate concerns within the police power. Moviematic Industries Corp. v. Board of County Commissioners, 349 So. 2d 667 (Fla. 3d DCA 1977). In the instant case, the adjudicatory commission found that the proposed development would cause pollution in the surrounding bays. Such pollution would affect the economy of Lee County. Therefore, the regulation at issue here pr…
  • S. A. Healy Co. v. Town OF Highland Beach, 355 So. 2d 813 (Fla. 4th DCA 1978)
    …s 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), Moviematic Industries Corp. v. Dade County, 349 So. 2d 667 (Fla. 3rd D.C.A.1977). It is not invalid merely because it prevents use which is economically most advantageous. City of Miami v. Zorovich, supra, Metropolitan Dade County v. Greenlee, 224 So. 2d 781 (Fla. 3rd D.C.A. 1969). 3. Appellant argues ther…
  • THE Fla. Cos. v. Orange Cnty., 411 So. 2d 1008 (Fla. 5th DCA 1982)
    …ment- policy was an arbitrary and capricious exercise of the policy power. City of Boca Raton v. Boca Villas Corp., 371 So. 2d 154 (Fla. 4th DCA 1979). But see Moviematic Industries Corp. v. Board of County Commissioners of Metropolitan Dade County, 349 So. 2d 667 (Fla.3d DCA 1977). In light of our decision, we need not reach that issue. In summary, the county is equitably estopped from denying approval of the subdivision plan after the developer made substantial expenditures in reliance upon the county’s pr…

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