In this opinion, the 5th overturned a Circuit Court quashal of a decision by the Orange County Board of Commissioners (sitting in a review capacity?) that upheld a BZA opinion upholding the Zoning Director's determination that a landowner's mess wasn't a grandfathered non-conforming "race car repair" operation, but a junkyard.
Bad facts. The landowners had been cited for operating a junkyard. They tried through the determination process to become a non-conforming race car facility and it was this determination that was denied. We don't know from the 5th's opinion -- but it looks like the circuit court bought the idea - that it wasn't inconsistent for there to be a junkyard (impermissible) AND a non-conforming race car repair facility.
5th bought Orange County's view that because there was CSE to support the Board in determining that there was a junkyard operation, the Board was justified in rejection the contention that there was (also?) a race car operation.
What's really interesting is that we don't know if EITHER the Circuit Court or the 5th examined Orange County's processes. The Board's decision was characterized as being quasi-judicial, but was it a de novo type process or a quasi-appellate process based on the record before the BZA? And if the latter, was there any appropriate finding that the record and decision below was truly adequate for review? I promise that we'll see more of this, because a LOT of commissions seems to be taking on quasi=appellate roles over local administrative decisions.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Thứ Ba, 6 tháng 7, 2004
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Here's an interesting opinion from Magistrate Judge Torres awarding defendants attorney's fees for opposing a copyright infringemen...
-
Hi kids, the heat is on and the bunker denizens are leading the way with their official 3d DCA summer pickle ball league -- judicial gentle...
-
Having been disappointed by several recent 11th Circuit opinions, I am pleased to see here a straightforward application of the "econo...
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Greenberg Traurig says it's not really necessary; Judge Middlebrooks says it is probably a good idea: In response, Plaintiff argues, in...
-
Shuster & Saben Defeats US Bank & Douglas Zahm PA in Foreclosure Appeal In 2011, firm attorney Richard Shuster obtained the dis...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
Không có nhận xét nào:
Đăng nhận xét