TOWN OF LONGBOAT KEY, APPELLANT,
v.
PAUL H. KIRSTEIN AND PHILIP P. KIRSTEIN, APPELLEES
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HOBSON, Judge.
Appellant appeals a final judgment entered wherein the trial court ordered
“. . . [A]nd the TOWN OF LONGBOAT KEY is directed to change the zoning of the above described real estate from R-2 to C-l commercial use and the TOWN OF LONGBOAT KEY is enjoined from prohibiting the Plaintiffs from using their property under an appropriate C-l use as established within the zoning ordinance.”
Appellant contends, and we agree, that the final judgment violates the separation of powers in that it orders appellant to change the zoning from R-2 to C-1 and the injunction portion of the order is tantamount to ordering the appellant to change the zoning from R-2 to C-1. City of Tampa v. Consolidated Box Company, 110 So. 2d 446 (Fla.2d DCA 1959); City of Miami Beach v. Weiss, 217 So. 2d 836 (Fla.1969).
For the foregoing reason the final judgment appealed is reversed and the cause remanded for entry of a final judgment in favor of the appellant.
BOARDMAN, C. J., and McNULTY, JOSEPH P. (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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LEE Cnty. v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)…he County to rezone appellees’ property and, therefore, violates the separation of powers doctrine. Palm Beach County v. Tinnerman, 517 So. 2d 699, 700 (Fla. 4th DCA 1987), review denied, 528 So. 2d 1183 (Fla.1988); Town of Longboat Key v. Kirstein, 352 So. 2d 924, 925 (Fla. 2d DCA 1977), cert. denied, 364 So. 2d 887 (Fla.1978). When a court determines property has been improperly zoned, the matter should be resubmitted to the zoning authorities to determine the proper zoning classification. Wood, 123 So. 2d…
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Dade Cnty. v. Valdes, 366 So. 2d 809 (Fla. 3d DCA 1979)…f property; this is clearly contrary to announced decisions of the courts of this State. City of Miami Beach v. Weiss, 217 So. 2d 836 (Fla.1969); Metropolitan Dade County v. McGeary, 291 So. 2d 28 (Fla.3d DCA 1974); Town of Longboat Key v. Kirstein, 352 So. 2d 924 (Fla.2d DCA 1978). Therefore, for the reasons above stated, the opinion and order of the Appellate Division of the Circuit Court be and the same is hereby quashed. . We find this decision to be distinguishable from the facts in the instant case. I…
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The City OF Sanibel v. Goode, 372 So. 2d 181 (Fla. 2d DCA 1979)…d in directing the City to reclassify the property for commercial use. This was not an instance where a court has directed a city to change the zoning of property to a specific zoning category which we condemned in Town of Long Boat Key v. Kirstein, 352 So. 2d 924 (Fla. 2d DCA 1978). Rather, the trial judge merely ordered the City to reclassify the property to commercial use without designating any specific commercial classification. Affirmed. BOARDMAN, Acting C. J., and DAN-AHY, J., concur.…
Authorities Cited
- Commercial Carrier Corp. v. Mayo, 217 So. 2d 836 (Fla. 1969)
- City OF Miami Beach v. Weiss, 217 So. 2d 836 (Fla. 1969)
- City OF Tampa v. Consol. BOX Co., Inc., 110 So. 2d 446 (Fla. 2d DCA 1959)